Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 73 - LABORATORIES › Section 73.41 - Sale of Laboratory Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section details the
				procedures concerning the sale of laboratory services by the Department of
				State Health Services (department). Particular services, with specific charges
				for each listed service, are found on the Laboratory Services Section (LSS)
				website (
www.dshs.texas.gov/lab
).
				Provision of those listed services by the department may or may not involve a
				contract, at the department's discretion. Other services not found in the LSS
				Public Fee Schedule that the department elects to sell will be memorialized in
				a contract between the department and the purchaser of such services. Entities
				which the department may contract with for the sale of laboratory services are
				limited to those found at Health and Safety Code, § 12.0122. At the
				department's discretion, tests designated to be performed at a particular
				department laboratory may be performed at any of the department
				laboratories.
(b) Definition of
				laboratory services. Laboratory services include the sale of the following
				services: the evaluation and testing of samples, and the subsequent reporting
				of test or evaluation results for samples submitted to the laboratory;
				certification, accreditation or approval of milk and shellfish laboratories and
				milk analysts; and special projects. Laboratory Services, as limited by Health
				and Safety Code, § 12.0122, do not include services related to tissue and
				cytology specimens.
(c) Charges.
				Fees for the sale of laboratory services to the public found on the LSS website
				were calculated to recover the department's costs associated with such
				activities. When laboratory services outside of the LSS Public Fee Schedule are
				sold under this section, the contract executed for that sale shall include
				charges for the services in question which recover the department's costs
				associated with such activities.
(d) Other contracts. This section does not
				affect department contracts that are not governed by Health and Safety Code,
				§ 12.0122.
(e) Fees. The LSS
				Public Fee Schedule is available upon request from the Department of State
				Health Services, 1100 West 49th Street, Austin, TX 78756-3199, (512) 776-7318.
				It is also available online at
www.dshs.texas.gov/lab
.
(f) Future updates for laboratory services
				and fees. Changes to the LSS Public Fee Schedule will be posted on the LSS
				website and made based on the business needs of the LSS and the public health
				needs of the department. Changes to available laboratory testing and related
				pricing may include implementing new testing methodologies in the LSS, updating
				fees to reflect the cost of testing, and eliminating certain low volume tests
				to make more efficient use of staff time and to reduce costs. Any change in
				fees will be posted on the LSS website for at least 90 days to allow for
				stakeholder input as well as LSS customer communication regarding all changes
				to the LSS Public Fee Schedule. After the period for stakeholder notification
				and input, changes and amendments affecting the LSS Public Fee Schedule will be
				added to the LSS Public Fee Schedule as soon as practicable. Changes may
				include the following:
(1) the addition of
				new tests or deletion of low volume tests as needed;
(2) an increase in fees for existing tests
				may be applied to a test individually or collectively, but an individual test
				fee would not be increased more than once per year;
(3) a decrease in fees for existing tests as
				needed; or
(4) a change to the LSS
				Public Fee Schedule in response to a declared public health emergency or
				outbreak situation. This change may not include a formal process to receive
				stakeholder input before implementing a new test in order to ensure a rapid
				public health action. In the event of a declared public health emergency or
				outbreak, the LSS may implement tests as required without contract provisions
				or posting in the LSS Public Fee Schedule.