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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 49CONTRACTING FOR COMMUNITY SERVICES
SUBCHAPTER EENFORCEMENT BY HHSC, TERMINATION BY CONTRACTOR, AND NO OFFER OF STANDARD CONTRACT BY HHSC
DIVISION 7HHSC DOES NOT OFFER A STANDARD CONTRACT
RULE §49.561HHSC Does Not Offer a Standard Contract

(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.


Source Note: The provisions of this §49.561 adopted to be effective December 22, 2020, 45 TexReg 9234

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