{"ref":"TX-HH-ETH-01","title":"Prohibition of Solicitation of Patients","category":"Ethics","summary":"Forbids anyone acting for the Agency from paying, offering, asking for, or accepting anything of value in return for patient referrals, sets rules for marketing, gifts, and arrangements with referral sources, and protects every patient’s free choice of home health agency.","inShort":["Never offer, pay, ask for, or accept anything of value for a patient referral.","Never give cash or gift cards to a doctor’s office, a discharge planner, a patient, or a family.","Tell every patient they may choose any home health agency.","Use only marketing materials the Administrator has approved.","Report any offer or request of something in exchange for referrals to the Administrator the same day."],"primaryCitation":"26 TAC §558.255","citations":["26 TAC §558.255","Tex. Occ. Code ch. 102","Tex. Occ. Code §102.001","Tex. Occ. Code §102.006","Tex. Health & Safety Code §142.017"],"federalCitations":["42 U.S.C. §1320a-7b(b)","42 U.S.C. §1320a-7a(a)(5)","42 CFR §1001.952"],"surveyorAsks":["How do you pay your marketers or community liaisons? Is any pay tied to referrals or admissions?","Do you give anything to physicians’ offices, discharge planners, or patients? Show me the log."],"forms":[],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (26 TAC §558.255)","5. Marketing Rules","6. Gifts and Hospitality","7. Procedure","8. Responsibilities","9. Records and Compliance Monitoring","10. Staff Training","11. References","12. Related Policies and Forms","13. Approval","14. Revision History"],"version":"1.0","sample":false,"pack":"tx-lhhs","state":"Texas","service":"Home health","guides":[{"path":"/guides/home-health-agency-policies/","h1":"What policies and procedures are required for home health agencies?"},{"path":"/guides/home-health-conditions-of-participation/","h1":"Home health Conditions of Participation: which policies each one needs"}],"agency":{"name":"Sample Home Health Agency","legalName":"Sample Home Health Agency, LLC","logo":null}}