Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 301 - LOCAL AUTHORITY RESPONSIBILITIES
Subchapter A - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES
Section 301.19 - Open Enrollment
Universal Citation: 26 TX Admin Code ยง 301.19
Current through Reg. 49, No. 52; December 27, 2024
(a) Determination. The local authority may issue a Request for Applications (RFA) to procure community services through open enrollment in accordance with this section.
(b) Solicitation.
(1) The local authority must publish in a
local newspaper or professional association newsletter an RFA Notice to
providers of all community services the local authority intends to procure
through open enrollment. In addition, the local authority must continuously and
prominently display such RFA Notice at the local authority's administrative
office(s). At least once every two years the local authority must publish in a
local newspaper or professional association newsletter an RFA Notice to
providers of all community services currently procured through open enrollment.
The RFA Notice must include:
(A) a brief
description of the types of community services the local authority intends to
procure through open enrollment;
(B) the geographic area to be
served;
(C) the procedure for
obtaining an application; and
(D)
the date and time by which applications must be submitted, if any.
(2) A local authority must provide
an application to each business entity that requests one. An RFA must include:
(A) a detailed description of each type of
community service the local authority intends to procure through open
enrollment, the consumer eligibility criteria, and all other information
included in the RFA Notice;
(B) the
rate of payment for each type of community service and the method used to
determine that rate;
(C) a detailed
description of the information to be included in an application;
(D) instructions for the submission of
applications;
(E) respondents
eligibility requirements for contract award (e.g., credentials for providing
the community service(s), such as applicable certifications, licenses; evidence
of compliance or ability to comply with relevant TDMHMR rules; evidence of
accessibility; evidence of providing quality services; evidence of financial
solvency; and evidence of liability insurance); and
(F) assurances that:
(i) the respondent is not currently held in
abeyance or barred from the award of a federal or state contract; and
(ii) the respondent is currently in good
standing for state tax, pursuant to the Texas Business Corporation Act, Texas
Civil Statutes, Article 2.45.
(3) An application must include the following
information:
(A) the respondent's name,
address, telephone number, and type of business entity;
(B) all information required in paragraph
(2)(C), (E), and (F) of this subsection; and
(C) a statement that the respondent agrees to
provide the specified community service(s) at the rate of payment described in
the RFA.
(c) Award.
(1) The local authority may obtain
clarification or confirmation of information submitted in an
application.
(2) The local
authority must award a contract to all respondents whose applications are
complete and who meet all requirements specified in the RFA.
(3) All contracts for each type of community
service provided through open enrollment must contain the same contract term,
conditions, provisions, and requirements, including a statement that the
contractor is prohibited from:
(A) offering
any gift with a value in excess of $10 to potential consumers; and
(B) soliciting potential consumers through
direct-mail or by telephone.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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