(a) The local authority must ensure that all its community
services contracts are consistent with the local authority's performance
contract and with the model contracts designed by TDMHMR as required
by the Texas Health and Safety Code, §534.055(c).
(b) The local authority must include in all of its
community services contracts that are funded by TDMHMR provisions
stating:
(1) the contract term;
(2) the community service(s) to be purchased;
(3) the identification of all parties;
(4) the total allowable payment or, if the community
service is procured through open enrollment or is on a capitated basis,
the rate of payment;
(5) the method of payment;
(6) that the contractor must comply with all applicable
federal and state laws, rules, and regulations, including:
(A) Title VI of the Civil Rights Act of 1964;
(B) Section 504 of the Rehabilitation Act of 1973;
(C) the Americans with Disabilities Act of 1990 (ADA);
and
(D) the Age Discrimination in Employment Act of 1967;
(7) that if, as a result of a change to a TDMHMR rule
or state or federal law, the contractual obligations of the contractor
are materially changed or a significant financial burden is placed
on the contractor, then the parties may renegotiate in good faith
to amend the contract;
(8) that no consumer will be excluded from participation
in, denied the benefits of, or unlawfully discriminated against, in
any program or activity funded by the contract on the grounds of race,
color, ethnicity, national origin, religion, sex, age, disability,
or political affiliation in accordance with applicable laws;
(9) that all documents pertinent to the contract, including
consumer records, will be retained by the contractor for a period
of five years;
(10) that all consumer-identifying information will
be maintained by the contractor as confidential in accordance with
applicable law and Chapter 414, Subchapter A of this title (relating
to Client-Identifying Information);
(11) that the contractor, its licensed staff, and
other appropriate staff (such as QMHP-CS) will be credentialed before
services are delivered to consumers by such contractor and staff;
(12) a dispute resolution process;
(13) the clearly defined performance expectations which
directly relate to the community service's objectives, including goals,
outputs, and measurable outcomes, and that the contractor must provide
services in accordance with such expectations;
(14) that any allegation of abuse, neglect, or exploitation
of a consumer under the contract will be reported in accordance with
applicable law, TDMHMR rules, and Texas Department of Protective and
Regulatory Services rules;
(15) that AIDS/HIV workplace guidelines, similar to
those adopted by TDMHMR and AIDS/HIV confidentiality guidelines and
consistent with state and federal law, will be adopted and implemented
by the contractor;
(16) that the contractor will comply with the relevant
TDMHMR rules, certifications, accreditations, and licenses, that are
specified in the contract;
(17) that services will be provided in accordance with
consumers' treatment plans;
(18) that pursuant to Texas Health and Safety Code, §534.061,
TDMHMR, the local authority, and their designees, including independent
financial auditors, shall have, with reasonable notice, unrestricted
access to all facilities, records, data, and other information under
the control of the contractor as necessary to enable the local authority
to audit, monitor, and review all financial and programmatic activities
and services associated with the contract;
(19) any sanctions and remedies the local authority
may take in response to the contractor's failure to comply with the
contract provisions; and
(20) that the contractor will immediately notify the
local authority of any change, or potential change, in its status
that could affect its inclusion in the provider network.
(c) The local authority must include in all of its
community services contracts for residential services that are funded
by TDMHMR provisions stating:
(1) that the contractor shall provide evidence of
criminal history record information on the contractor's applicants,
employees, and volunteers, pursuant to the Texas Health and Safety
Code, §533.007 and Chapter 250; the Texas Government Code, §411.115;
and Chapter 414, Subchapter K of this title (relating to Criminal
History Clearances); and
(2) that if an applicant, employee, or volunteer of
the contractor has a criminal history relevant to his or her employment
as described in Chapter 414, Subchapter K of this title (relating
to Criminal History Clearances), then the contractor will take appropriate
action with respect to the applicant, employee, or volunteer, including
terminating or removing the employee or volunteer from direct contact
with consumers served by the contractor.
(d) Community services contracts that require the contractor
to assume responsibility for the funds of a consumer must contain
provisions requiring the contractor to have and abide by a written
policy, which is subject to approval by the local authority, for protecting
and accounting for such funds in accordance with generally accepted
accounting principles.
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