(a) To apply for a provisional contract, an applicant
must:
(1) if required by HHSC as stated on the HHSC website,
complete HHSC pre-application orientation (PAO) and training in accordance
with the instructions on the HHSC website before submitting an application
packet to HHSC as described in paragraph (3) of this subsection;
(2) if applying for a Title XX HDM contract, obtain
written approval from HHSC staff in the region in which the applicant
is seeking to provide services regarding budgetary issues and health
inspections before submitting an application packet to HHSC as described
in paragraph (3) of this subsection; and
(3) submit an application packet that contains:
(A) an HHSC provisional contract application completed
in accordance with the application instructions;
(B) other documents required by the application instructions
including:
(i) if required to complete PAO or training, a certificate
of completion of the PAO or training issued by HHSC;
(ii) if the applicant is applying not because of a
change of ownership as described in §49.210 of this subchapter
(relating to Contractor Change of Ownership or Legal Entity), a copy
of any document required to be a contractor as described in §49.205
of this subchapter (relating to License, Certification, Accreditation,
and Other Requirements);
(iii) if the applicant is applying because of a change
of ownership or because of a change of legal entity as described in §49.210
of this subchapter, a copy of the application for change of ownership
of any license required to be a contractor as described in §49.205
of this subchapter; and
(iv) if the applicant is not required to have a license
issued by HHSC under §49.205 of this subchapter, a written acknowledgement
from the Texas Department of Public Safety that the applicant has
requested, in accordance with the application instructions, a criminal
history record be sent to HHSC for each controlling person of the
applicant.
(b) An applicant must submit the completed application
packet to HHSC in a timely manner as described in this subsection.
(1) An application packet must be delivered to HHSC,
in accordance with the application instructions, by:
(A) the United States Postal Service, with a postmark
bearing a date no later than 60 days after the applicant completed
the PAO;
(B) a commercial carrier, with a receipt by the carrier
showing it was given to the carrier no later than 60 days after the
applicant completed the PAO; or
(C) hand delivery, no later than 60 days after the
applicant completed the PAO.
(2) For purposes of paragraph (1)(B) and (C) of this
subsection, if the 60th day is a day on which the HHSC office receiving
the application packet is closed, the period extends through the
end of the next day the office is open.
(c) If the applicant timely submits an incomplete or
incorrect application packet, including failing to submit a required
document, HHSC:
(1) requests, in writing, that the applicant submit
a missing document; or
(2) returns a document to the applicant for correction
or completion.
(d) HHSC gives an applicant only one opportunity to
submit a missing document or to complete or correct a document in
accordance with this subsection. An applicant must submit a missing,
completed, or corrected document to HHSC in a timely manner as described
in this subsection.
(1) A missing document must be delivered to HHSC,
in accordance with HHSC instructions, by:
(A) the United States Postal Service, with a postmark
bearing a date no later than 30 days after the date of HHSC's written
request for a missing document;
(B) a commercial carrier, with a receipt by the carrier
showing it was given to the carrier no later than 30 days after the
date of HHSC's written request for a missing document; or
(C) hand delivery, fax, or e-mail no later than 30
days after HHSC's written request for a missing document.
(2) A properly completed or corrected document must
be delivered to HHSC, in accordance with HHSC instructions, by:
(A) the United States Postal Service, with a postmark
bearing a date no later than 30 days after the date of the letter
from HHSC returning the incomplete or incorrect document;
(B) a commercial carrier, with a receipt by the carrier
showing it was given to the carrier no later than 30 days after the
date of the letter from HHSC returning the incomplete or incorrect
document; or
(C) hand delivery, fax, or e-mail no later than 30
days after the date of the letter from HHSC returning the incomplete
or incorrect document.
(3) For purposes of paragraphs (1)(B) and (C) and (2)(B)
and (C) of this subsection, if the 30th day is a day on which the
HHSC office receiving the missing, completed, or corrected document
is closed, the period extends through the end of the next day the
office is open.
|
Source Note: The provisions of this §52.29 adopted to be effective September 1, 2014, 39 TexReg 6637; amended to be effective September 1, 2018, 43 TexReg 5230; transferred effective April 29, 2024, as published in the March 29, 2024, issue of the Texas Register, 49 TexReg 2091 |