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 6 - CONTRACTOR TERMINATING CONTRACT OR NOT ENTERING INTO STANDARD CONTRACT
Section 52.371 - Contractor Terminating Contract or Not Entering into a Standard Contract

Universal Citation: 26 TX Admin Code ยง 52.371

Current through Reg. 49, No. 38; September 20, 2024

(a) A contractor must notify HHSC if the contractor intends to:

(1) terminate its contract; or

(2) not enter into a standard contract when its contract expires.

(b) The notification required by subsection (a) of this section must be given in accordance with § 49.302(q) of this chapter (relating to General Requirements) and must:

(1) include:
(A) the contract number;

(B) the type of program or service;

(C) the proposed date of contract termination or the date of contract expiration;

(D) the reason for terminating the contract or not entering into a standard contract; and

(E) if it is notification of termination and the reason for terminating the contract is a change of ownership or change of legal entity, the proposed date of the change; and

(2) be received by HHSC at least 60 days before the proposed date of the termination or the date of expiration.

(c) If a contractor terminates its contract or does not enter into a standard contract when its contract expires:

(1) the contractor must:
(A) cooperate fully with HHSC, the LIDDA if applicable, and other contractors to transfer individuals receiving services from the contractor; and

(B) submit documentation or take other action as directed by HHSC; and

(2) HHSC:
(A) notifies individuals receiving services from the contractor or LARs that:
(i) the contractor is terminating the contract or not entering into a standard contract when its contract expires and that HHSC has placed or will place the contractor's payments on a vendor hold; and

(ii) that the individuals or LARs may choose to receive services under a contract listed on the choice list, subject to program-specific requirements; and

(B) removes the contract to be terminated or the expired contract from the appropriate choice list; and

(C) notifies the contractor and any controlling person, in writing, of the application denial period set in accordance with § 49.702(d) or (e) of this chapter (relating to Application Denial Period).

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