| (B) The percentage of indirect ownership interest is
determined by multiplying the percentage of ownership interest in
the person that has a direct ownership interest in the applicant or
contractor by the percentage of direct ownership that the person has
in the applicant or contractor. For example:
(i) ownership of 10 percent of the stock of a corporation
that owns 80 percent of the stock of an applicant or contractor equals
8 percent indirect ownership of the applicant or contractor (that
is, 0.1 x 0.8 = 0.08); and
(ii) ownership of 50 percent of the stock of a corporation
that owns 10 percent of the stock of a corporation that owns 80 percent
of the stock of an applicant or contractor equals 4 percent indirect
ownership of the applicant or contractor (that is, 0.5 x 0.1 x 0.8
= 0.04).
(43) Individual--A person who is enrolled in a program
or service described in §49.101(a) of this subchapter (relating
to Application).
(44) LAR--Legally authorized representative. A person
authorized by law to act on behalf of an individual with regard to
a particular matter. The term may include a parent, guardian, or managing
conservator of a minor, or the guardian of an adult.
(45) LEIE--List of excluded individuals and entities.
In this context, "individual" does not have the meaning as defined
in this section.
(46) LIDDA--Local intellectual and developmental disability
authority. An entity designated by the executive commissioner of HHSC
in accordance with Texas Health and Safety Code, §533A.035.
(47) Managing employee--A person who exercises operational
or managerial control over, or who conducts the day-to-day operation
of, an applicant or contractor.
(48) Neglect--"Neglect" as defined by the statute or
rule that governs the investigation of alleged neglect of an individual.
(49) OHR--Out of home respite.
(50) Paper record--Information that is stored on paper.
(51) Person--A corporation, organization, government
or governmental subdivision or agency, business trust, estate, trust,
partnership, association, natural person, or any other legal entity
that can function legally, sue or be sued, and make decisions through
agents.
(52) PHC Program--Primary Home Care Program.
(53) Provisional contract--A contract that HHSC enters
into in accordance with §49.208 of this chapter (relating to
Provisional Contract Application Approval) that has a term of no more
than three years, not including any extension agreed to in accordance
with §49.208(e) of this chapter.
(54) RC--Residential care.
(55) Records--Paper records and electronic records.
(56) Recoup--To reduce payments that are due to a
contractor under a contract to satisfy a debt the contractor owes
to HHSC but does not include making routine adjustments for prior
overpayments to the contractor.
(57) Referral hold--An action in which HHSC prohibits
a contractor from, for a period of time determined by HHSC, providing
services to an individual not receiving services from the contractor
at the time the referral hold was imposed.
(58) SFS--Support family services.
(59) Signature authority--A person authorized to negotiate
and execute a contract on behalf of a contractor as identified on
the HHSC "Governing Authority Resolution" form.
(60) SSPD--Special Services to Persons with Disabilities
(SSPD) Program.
(61) Standard contract--A contract that HHSC enters
into in accordance with §49.209 of this chapter (relating to
Standard Contract) that has a term of no more than five years, not
including any extension agreed to in accordance with §49.209(d)
of this chapter.
(62) Subcontract--An agreement, other than a contract,
between a contractor and another person that obligates the other person
to provide all or part of the goods, services, work, or materials
required of the contractor in a contract.
(63) Subcontractor--The person other than a contractor
who is a party to a subcontract.
(64) TAS--Transition assistance services.
(65) TxHmL Program--Texas Home Living Program.
(66) Vendor hold--A temporary suspension of payments
that are due to a contractor under a contract.
(67) Volunteer--A person who works for a contractor
without compensation, other than reimbursement for actual expenses.
|
| Source Note: The provisions of this §52.3 adopted to be effective September 1, 2014, 39 TexReg 6637; amended to be effective March 20, 2016, 41 TexReg 1970; amended to be effective September 28, 2016, 41 TexReg 7514; amended to be effective September 1, 2018, 43 TexReg 5230; amended to be effective October 1, 2019, 44 TexReg 5149; amended to be effective May 10, 2020, 45 TexReg 2890; amended to be effective December 22, 2020, 45 TexReg 9234; transferred effective April 29, 2024, as published in the March 29, 2024, issue of the Texas Register, 49 TexReg 2091 |
