Texas Occupations Code 102.002 – Rebuttable Presumption
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Terms Used In Texas Occupations Code 102.002
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
It is a rebuttable presumption that a person violated Section 102.001 if:
(1) the person refers or accepts a referral of a patient to an inpatient mental health facility or chemical dependency treatment facility;
(2) before the patient is discharged or furloughed from the facility, the person pays the referring person or accepts payment from the facility for outpatient services to be provided by the referring person after the patient is discharged or furloughed from the facility; and
(3) the referring person does not provide the outpatient services for which payment was made and does not return to the facility the payment received for those services.