Current through Reg. 49, No. 38; September 20, 2024
(a) To contract with DARS, the contractor
must:
(1) meet eligibility requirements for
contracting;
(2) if applicable,
have and maintain the appropriate license(s);
(3) submit all documents and information
required by DARS;
(4) comply with
all applicable DARS and Texas Health and Human Services Commission rules and
policies and terms of the contract with DARS;
(5) comply with all local, state, and federal
regulations that apply to the contract;
(6) be authorized by law or the Secretary of
State to conduct business in the state of Texas;
(7) certify in writing that the contractor's
taxes due to the state of Texas are current;
(8) ensure that staff members providing
services are competent, professionally ethical, and qualified for positions
held. Qualifications of staff members must meet all requirements established by
state policy and regulations. The contractor must ensure that all staff members
meet minimum qualifications; staff credentials supporting those qualifications
must be on file at the time of hire; and staff credentials must be made
available to DARS staff members upon request;
(9) provide for such fiscal control and fund
accounting as may be necessary to ensure proper disbursement and accounting of
funds provided by DARS and in accordance with DARS policies;
(10) maintain accurate and complete records
and prepare and distribute reports according to the terms of the
contract;
(11) ensure that any
contractor facility in which services are provided is:
(A) such that the safety and health of the
staff and consumers is protected; and
(B) accessible to individuals receiving
services and complies with the requirements of the Architectural Barriers Act
of 1968, the Uniform Federal Accessibility Standards, the Americans with
Disabilities Act of 1990, and Section 504 of the Rehabilitation Act;
(12) have adequate operating funds
available for conducting business on the effective date of the
contract;
(13) have an adequate
staff to provide services on the effective date of the contract;
(14) notify DARS and HHSC in writing of
changes to contract information according to the requirements of the contract.
Unless otherwise specified in the contract, the contractor must notify DARS and
HHSC:
(A) within 10 calendar days after any
address change, including the location of the contractor's office, physical
address, or mailing address;
(B)
immediately of any change in administrator or director; and
(C) within seven working days of any change
in the contact telephone number designated in the contract; and
(15) report suspected violation of
rules or laws to the appropriate investigative authority. This includes
reporting abuse, neglect, and exploitation issues to the Texas Department of
Family and Protective Services (DFPS) or to the appropriate Texas Department of
Aging and Disability Services (DADS) licensing staff.
(b) To provide services, a contractor must
maintain adequate:
(1) funding for provision
of services; and
(2) staff for the
provision of services.
(c) A contractor or potential contractor may
not offer, give, or agree to give a DARS employee anything of value.
(d) A contractor or potential contractor may
not engage in any activity that presents a real or apparent conflict of
interest.
(e) A former DARS
employee may not represent or receive compensation from any person concerning
any contractual matter in which the former employee participated during his or
her employment with the state.
(f)
DARS may choose not to enter into a contract:
(1) when, in DARS' opinion, the contractor,
potential contractor, or a controlling party has a documented, unsatisfactory
history in contracting with DARS or with another health and human services
agency;
(2) if the contractor or
potential contractor:
(A) subcontracts any
direct care services without specific authorization from DARS and HHSC;
and/or
(B) assigns or transfers the
contract without prior written approval of DARS and HHSC.
(g) DARS or HHSC assigns the
effective date of a contract.
(h)
Goods or services purchased or reimbursed by DARS may be inspected or monitored
at the discretion of DARS or HHSC.
(i) DARS or HHSC may require corrective
action, suspend consumer referrals, and/or impose an adverse action against a
contractor for failure to comply with the terms of the contract and/or DARS or
HHSC rules, policies, and procedures.
(j) A contractor must participate in
orientation relating to DARS and HHSC contract requirements before providing
goods or services under a contract for the first time.
(k) A contractor shall ensure that any
facility in which services are provided includes among the staff members, or
shall obtain the services of, people able to communicate in the native language
of applicants and consumers who have limited English speaking ability and
ensure that appropriate modes of communication are used for all
consumers.
(l) Contractors that
provide vocational rehabilitation services shall take affirmative action to
employ and advance in employment qualified individuals with
disabilities.
