Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 52 - CONTRACTING FOR COMMUNITY SERVICES
Subchapter B - CONTRACTOR ENROLLMENT
Section 52.29 - Provisional Contract Application Process
Universal Citation: 26 TX Admin Code ยง 52.29
Current through Reg. 49, No. 38; September 20, 2024
(a) To apply for a provisional contract, an applicant must:
(1) if required by HHSC as stated on the HHSC
website, complete HHSC pre-application orientation (PAO) and training in
accordance with the instructions on the HHSC website before submitting an
application packet to HHSC as described in paragraph (3) of this
subsection;
(2) if applying for a
Title XX HDM contract, obtain written approval from HHSC staff in the region in
which the applicant is seeking to provide services regarding budgetary issues
and health inspections before submitting an application packet to HHSC as
described in paragraph (3) of this subsection; and
(3) submit an application packet that
contains:
(A) an HHSC provisional contract
application completed in accordance with the application
instructions;
(B) other documents
required by the application instructions including:
(i) if required to complete PAO or training,
a certificate of completion of the PAO or training issued by HHSC;
(ii) if the applicant is applying not because
of a change of ownership as described in §
49.210
of this subchapter (relating to Contractor Change of Ownership or Legal
Entity), a copy of any document required to be a contractor as described in
§
49.205
of this subchapter (relating to License, Certification, Accreditation, and
Other Requirements);
(iii) if the
applicant is applying because of a change of ownership or because of a change
of legal entity as described in §
49.210
of this subchapter, a copy of the application for change of ownership of any
license required to be a contractor as described in §
49.205
of this subchapter; and
(iv) if the
applicant is not required to have a license issued by HHSC under §
49.205
of this subchapter, a written acknowledgement from the Texas Department of
Public Safety that the applicant has requested, in accordance with the
application instructions, a criminal history record be sent to HHSC for each
controlling person of the applicant.
(b) An applicant must submit the completed application packet to HHSC in a timely manner as described in this subsection.
(1) An application packet must be delivered
to HHSC, in accordance with the application instructions, by:
(A) the United States Postal Service, with a
postmark bearing a date no later than 60 days after the applicant completed the
PAO;
(B) a commercial carrier, with
a receipt by the carrier showing it was given to the carrier no later than 60
days after the applicant completed the PAO; or
(C) hand delivery, no later than 60 days
after the applicant completed the PAO.
(2) For purposes of paragraph (1)(B) and (C)
of this subsection, if the 60th day is a day on which the HHSC office receiving
the application packet is closed, the period extends through the end of the
next day the office is open.
(c) If the applicant timely submits an incomplete or incorrect application packet, including failing to submit a required document, HHSC:
(1) requests, in
writing, that the applicant submit a missing document; or
(2) returns a document to the applicant for
correction or completion.
(d) HHSC gives an applicant only one opportunity to submit a missing document or to complete or correct a document in accordance with this subsection. An applicant must submit a missing, completed, or corrected document to HHSC in a timely manner as described in this subsection.
(1) A missing document must
be delivered to HHSC, in accordance with HHSC instructions, by:
(A) the United States Postal Service, with a
postmark bearing a date no later than 30 days after the date of HHSC's written
request for a missing document;
(B)
a commercial carrier, with a receipt by the carrier showing it was given to the
carrier no later than 30 days after the date of HHSC's written request for a
missing document; or
(C) hand
delivery, fax, or e-mail no later than 30 days after HHSC's written request for
a missing document.
(2) A
properly completed or corrected document must be delivered to HHSC, in
accordance with HHSC instructions, by:
(A) the
United States Postal Service, with a postmark bearing a date no later than 30
days after the date of the letter from HHSC returning the incomplete or
incorrect document;
(B) a
commercial carrier, with a receipt by the carrier showing it was given to the
carrier no later than 30 days after the date of the letter from HHSC returning
the incomplete or incorrect document; or
(C) hand delivery, fax, or e-mail no later
than 30 days after the date of the letter from HHSC returning the incomplete or
incorrect document.
(3)
For purposes of paragraphs (1)(B) and (C) and (2)(B) and (C) of this
subsection, if the 30th day is a day on which the HHSC office receiving the
missing, completed, or corrected document is closed, the period extends through
the end of the next day the office is open.
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