(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 http://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.
(g) Payment of charges.
  (1) The department will determine whether a charge must be paid with submission of the specimen or whether the department will bill later for the charge, unless otherwise stated in this section.
  (2) A charge paid is non-refundable.
  (3) Failure to pay a charge in a timely manner may result in the department's refusal to accept specimens or samples until all delinquent charges are paid.

Source Note: The provisions of this §73.41 adopted to be effective November 10, 2002, 27 TexReg 10386; amended to be effective April 16, 2006, 31 TexReg 3034; amended to be effective October 10, 2012, 37 TexReg 8020; amended to be effective September 1, 2014, 39 TexReg 6479; amended to be effective May 2, 2019, 44 TexReg 2158