Texas Penal Code 35A.01 – Definitions
Terms Used In Texas Penal Code 35A.01
- Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Penal Code 1.07
- Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Penal Code 1.07
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Government: means :
(A) the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07
- Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
In this chapter:
(1) “Claim” means a written or electronically submitted request or demand that:
(A) is submitted by a provider or the provider’s agent and identifies a service or product provided or purported to have been provided to a health care recipient as reimbursable under a health care program, without regard to whether the money that is requested or demanded is paid; or
(B) states the income earned or expense incurred by a provider in providing a service or product and is used to determine a rate of payment under a health care program.
(2) “Fiscal agent” means:
(A) a person who, through a contractual relationship with a state agency or the federal government, receives, processes, and pays a claim under a health care program; or
(B) the designated agent of a person described by Paragraph (A).
(3) “Health care practitioner” means a dentist, podiatrist, psychologist, physical therapist, chiropractor, registered nurse, or other provider licensed to provide health care services in this state.
(4) “Health care program” means a program funded by this state, the federal government, or both and designed to provide health care services to health care recipients, including a program that is administered in whole or in part through a managed care delivery model.
(5) “Health care recipient” means an individual to whom a service or product is provided or purported to have been provided and with respect to whom a person claims or receives a payment for that service or product from a health care program or fiscal agent, without regard to whether the individual was eligible for benefits under the health care program.
(6) “Managed care organization” means a person who is authorized or otherwise permitted by law to arrange for or provide a managed care plan.
(7) “Physician” means a physician licensed to practice medicine in this state.
(8) “Provider” means a person who participates in or has applied to participate in a health care program as a supplier of a service or product and includes:
(A) a management company that manages, operates, or controls another provider;
(B) a person, including a medical vendor, who provides a service or product to another provider or the other provider’s agent;
(C) an employee of the person who participates in or has applied to participate in the program;
(D) a managed care organization; and
(E) a manufacturer or distributor of a product for which a health care program provides reimbursement.
(9) “Service” includes care or treatment of a health care recipient.
(10) “High managerial agent” means a director, officer, or employee who is authorized to act on behalf of a provider and has duties of such responsibility that the conduct of the director, officer, or employee reasonably may be assumed to represent the policy or intent of the provider.