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 7 - HHSC DOES NOT OFFER A STANDARD CONTRACT
Section 52.391 - HHSC Does Not Offer a Standard Contract

Universal Citation: 26 TX Admin Code ยง 52.391

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

(a) HHSC may decide not to offer a standard contract to a contractor:

(1) for any reason for which HHSC may deny a provisional contract application, as described in § 49.207 of this chapter (relating to Provisional Contract Application Denial);

(2) for any reason for which HHSC may terminate a contract, as described in § 49.534 of this subchapter (relating to Termination of Contract by HHSC); or

(3) if the contractor has a provisional contract for the HCS or TxHmL Program and HHSC imposed a vendor hold on the contractor in accordance with §9.183 (relating to Program Provider Compliance and Corrective Action) or § 9.587 of this title (relating to Program Provider Compliance and Corrective Action) during the term of the provisional contract.

(b) If HHSC decides not to offer a contractor 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's contract is ending and HHSC has placed or will place the contractor's payments on a vendor hold; and

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

(B) removes the expiring contract from the appropriate choice list; and

(C) notifies:
(i) the contractor of the decision, in writing, and includes in the notification the application denial period set in accordance with § 49.702(a) of this chapter (relating to Application Denial Period); and

(ii) any controlling person of the contractor, in writing, of the application denial period set in accordance with § 49.702(a) of this chapter.

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