How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Chris T., JD Your Own Question
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4779
Experience:  Experienced in both state and federal court.
45002201
Type Your Legal Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

Under Texas Medicaid, does the state permit independent

Customer Question

Under Texas Medicaid, does the state permit independent contractors to provide direct care services?
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

Could you explain your situation a little further?

Customer: replied 1 year ago.
I have a state license with Texas Dept of Aging and Disability services (DADS) to provide Personal Assistance Services (PAS)and now I am in the process of obtaining a Texas Medicaid license to provide services under the DADs license.
Just wanted to know if Texas or Texas Medicaid permit independent contractors to provide direct care services.
Customer: replied 1 year ago.
Do you need any additional info?
Customer: replied 1 year ago.
Do you have the answer? If so, I will call you and pay the additional fees.
Expert:  Chris T., JD replied 1 year ago.

I'm looking a few things up. It will just be a few moments.

Expert:  Chris T., JD replied 1 year ago.

To what extent are the contractors going to be working under the direction of the Medicaid registered provider?

Customer: replied 1 year ago.
I am not sure what you are asking.
Expert:  Chris T., JD replied 1 year ago.

What are the contractors going to do and how are you going to be supervising them?

Customer: replied 1 year ago.
I just need to know what Texas Medicaid's laws are, if any, that might prohibit the use of independent contractors.
Expert:  Chris T., JD replied 1 year ago.

They are not specifically prohibited under Texas law. In fact, Texas medicaid specifically recognizes that they may be used, but they must be properly supervised, depending on what they are going to be doing and they type of service.

Customer: replied 1 year ago.
Can you tell me where I can locate (website etc.) this information and should I call you for the rest of this information?
Expert:  Chris T., JD replied 1 year ago.

I don't think a phone call will be necessary. You can find a discussion of sub-contractors in the Medicaid Provider application itself, which you can find here: http://www.mhmraharris.org/RFP/ECI-CRS/Consumer%20Related%20Services%20ECI%20RFP%20%20Texas%20Medicaid%20Provider%20Enrollment%20Application%202008%20FY2010.pdf

Expert:  Chris T., JD replied 1 year ago.

You can see on page 20 where it defines what a "provider" is, and that definition includes contractors.

Expert:  Chris T., JD replied 1 year ago.

Does that answer your question? If not, feel free to ask follow up questions. If so, please remember to "Rate" my answer before you go. Good luck.

Related Legal Questions