| (a) If a contractor does not qualify for a standard
contract, as described in §49.209 of this chapter (relating to
Standard Contract), HHSC sets an application denial period for the
contractor or controlling person of the contractor that applies:
(1) to all programs and services; and
(2) for 24 months after the date the provisional contract
ends.
(b) If a contractor qualifies for a standard contract,
as described in §49.209 of this chapter, but the contractor refuses
a standard contract at that time, HHSC sets an application denial
period for the contractor or controlling person of the contractor
that applies:
(1) to the same program or service as the provisional
contract; and
(2) for 12 months after the date the provisional contract
ends.
(c) If HHSC terminates a provisional or standard contract
for the contractor's failure to provide services for 12 consecutive
months, as required by §49.534(a)(2)(A) of this chapter (relating
to Termination of Contract by HHSC), HHSC sets an application denial
period for the contractor or controlling person of the contractor
that applies:
(1) to the same program or service as the provisional
or standard contract; and
(2) for 12 months after the date of termination.
(d) If HHSC terminates a provisional or standard contract
for a reason other than the death of the contractor or other than
the reason described in subsection (c) of this section, HHSC sets
an application denial period for the contractor or controlling person
of the contractor that applies:
(1) to all programs and services; and
(2) for a period of time determined by HHSC, but no
less than 12 months after the date of termination.
(e) If a contractor terminates a provisional or standard
contract in accordance with the contract, including §49.551 of
this chapter (relating to Termination of Contract by Contractor),
for a reason other than a change of ownership or change of legal entity,
HHSC sets an application denial period for the contractor or controlling
person of the contractor that applies:
(1) to the same service or program as the provisional
or standard contract; and
(2) for a period of time determined by HHSC, but no
less than 12 months after the date of termination.
(f) If a contractor terminates a provisional or standard
contract not in accordance with the contract, including §49.551
of this chapter, HHSC sets an application denial period for the contractor
or controlling person of the contractor that applies:
(1) to all programs and services; and
(2) for a period of time determined by HHSC, but no
less than 12 months after the date of termination.
(g) If a contractor submits a contract application
to HHSC after the expiration of an application denial period described
in subsections (a) - (f) of this section, HHSC may deny the contract
application for a reason described in §49.207 of this chapter
(relating to Provisional Contract Application Denial).
|
