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 4 - SANCTIONS
Section 52.311 - Vendor Hold
Universal Citation: 26 TX Admin Code ยง 52.311
Current through Reg. 49, No. 38; September 20, 2024
(a) HHSC imposes a vendor hold on a contractor if:
(1) HHSC has
proposed to terminate the contract and the contractor participates in attendant
compensation rate enhancement as described in 1 TAC §
355.112(relating
to Attendant Compensation Rate Enhancement); or
(2) The HHSC Office of Inspector General
determines that a vendor hold must be imposed in accordance with
42 CFR §
455.23(a) due to a credible
allegation of fraud for which an investigation is pending under the Medicaid
Program.
(b) HHSC may impose a vendor hold on a contractor:
(1) if
HHSC has proposed to terminate the contract and the contractor does not
participate in attendant compensation rate enhancement as described in 1 TAC
§
355.112;
(2) if HHSC does not offer the contractor a
standard contract when its contract expires;
(3) if the contractor does not enter into a
standard contract when its contract expires;
(4) if the contractor terminates the
contract;
(5) if 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);
(6) if 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);
(7) if the contractor has
not submitted or has not complied with a corrective action plan as described in
§
49.522(d)
of this subchapter (relating to Corrective Action Plan); or
(8) if the contractor's application packet
described in §
49.203(a)(3)
of this chapter (relating to Provisional Contract Application Process):
(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);
(9) for a
contractor that has a contract for the HCS Program, in accordance with §
9.183 of this title (relating to Program Provider Compliance and Corrective
Action); or
(10) for a contractor
that has a contract for the TxHmL Program, in accordance with § 9.587 of
this title (relating to Program Provider Compliance and Corrective
Action).
(c) If HHSC imposes a vendor hold on a contractor in accordance with subsection (a) or (b) of this section, HHSC notifies the contractor of the vendor hold in writing. HHSC may impose a vendor hold pending an administrative hearing appealing the vendor hold.
(d) HHSC releases a vendor hold less any amounts being recouped by HHSC:
(1) imposed in accordance with subsections
(a)(1) and (b)(1) - (4) of this section if:
(A) the contract has been terminated or
expires and any amounts owed to individuals and LARs have been paid by the
contractor;
(B) HHSC withdraws the
proposed contract termination; or
(C) the contractor appeals the proposed
contract termination and the final decision from the administrative hearing is
favorable to the contractor;
(2) imposed in accordance with subsection
(a)(2) of this section, if the HHSC Office of Inspector General determines that
HHSC must resume payment under the contract;
(3) imposed in accordance with subsection
(b)(5) - (8) of this section, if HHSC determines the contractor has resolved
the reason for the vendor hold; or
(4) imposed in accordance with subsection
(b)(9) - (10) of this section if HHSC determines it may be released as
described in § 9.183 or § 9.587 of this title.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
