Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 52 - CONTRACTING FOR COMMUNITY SERVICES
Subchapter E - ENFORCEMENT BY HHSC, TERMINATION BY CONTRACTOR, AND NO OFFER OF STANDARD CONTRACT BY HHSC
Division 3 - ACTIONS
Section 52.275 - Referral Hold
Universal Citation: 26 TX Admin Code ยง 52.275
Current through Reg. 49, No. 38; September 20, 2024
(a) HHSC may place a contractor on a referral hold if:
(1) HHSC
has proposed to terminate the contract;
(2) HHSC determines the contractor has not
complied with the contract, including a determination of non-compliance
described in §
49.411(e)
of this chapter (relating to Contract and Fiscal Monitoring) or §
49.413(e)
of this chapter (relating to Investigation);
(3) the contractor has not submitted or has
not complied with an immediate protection plan as described in §
49.511(d)
of this subchapter (relating to Immediate Protection and Immediate Protection
Plan);
(4) the contractor has not
submitted or has not complied with a corrective action plan as described in
§49.522(d) of this division (relating to Corrective Action Plan);
or
(5) the contractor's application
packet:
(A) contained incorrect information;
or
(B) contains information that
has become incorrect and the contractor has not notified HHSC in accordance
with §49.302(i) - (q) of this chapter (relating to General
Requirements).
(b) If HHSC places a contractor on a referral hold in accordance with subsection (a) of this section, HHSC notifies the contractor of the referral hold in writing.
(c) A contractor may request that HHSC conduct an informal review of a referral hold. The request must be in writing and received by HHSC within 20 days after the date of the notice of the referral hold from HHSC. The contractor must include in the written request:
(1) the reasons the contractor believes the
referral hold was improper;
(2)
documentation to support the reasons; and
(3) a copy of the notice from HHSC of the
referral hold.
(d) HHSC releases a referral hold:
(1) imposed in
accordance with subsection (a)(1) of this section if:
(A) HHSC withdraws the proposed contract
termination;
(B) the contractor
appeals the proposed contract termination and the final decision from the
administrative hearing is favorable to the contractor; or
(C) the contractor requests an informal
review in accordance with subsection (c) of this section and, as a result of
the review, HHSC determines that the referral hold was improper;
(2) imposed in accordance with
subsection (a)(2) - (5) of this section if:
(A) a period of time determined by HHSC has
elapsed; or
(B) the contractor
requests an informal review in accordance with subsection (c) of this section
and, as a result of the review, HHSC determines that the referral hold was
improper.
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