(iv) Control--greater than 50% ownership by the entity.
(B) Component Codes Included in Aggregation. If an
entity controlling more than one HCS component code or commonly owned
corporations requests aggregation, compliance with the spending requirements
will be evaluated in the aggregate for all HCS component codes that
the entity or commonly owned corporations controlled at the end of
its fiscal year or at the effective date of the change of ownership
or termination of its last HCS contract.
(C) Aggregation Request. To exercise the aggregation
option, the entity or commonly owned corporations must submit an aggregation
request, in a manner prescribed by HHSC, at the time each cost report
is submitted. In limited partnerships in which the same single general
partner controls all the limited partnerships, that single general
partner must make this request. Other such aggregation requests will
be reviewed on a case-by-case basis.
(D) Frequency of Aggregation Requests. The entity or
commonly owned corporations must submit a separate request for aggregation
for each reporting period.
(E) Ownership Changes and Contract Terminations. HCS
contracts that change ownership or terminate effective after the end
of the applicable reporting period, but prior to the determination
of compliance with spending requirements as per paragraph (4) of this
subsection, are excluded from all aggregate spending calculations.
These contracts' compliance with spending requirements will be determined
on an individual basis and the costs and revenues will not be included
in the aggregate spending calculation.
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Source Note: The provisions of this §355.722 adopted to be effective March 25, 1997, 22 TexReg 2772; transferred effective September 1, 1997, as published in the Texas Register December 26, 1997, 22 TexReg 12748; amended to be effective April 5, 1998, 23 TexReg 3255; amended to be effective December 20, 1998, 23 TexReg 12654; amended to be effective March 1, 2001, 26 TexReg 1696; amended to be effective August 31, 2004, 29 TexReg 8116; amended to be effective September 1, 2007, 32 TexReg5340; amended to be effective June 25, 2008, 33 TexReg 4862; amended to be effective September 1, 2009, 34 TexReg 5658; amended to be effective September 1, 2010, 35 TexReg 5030; amended to be effective October 2, 2011, 36 TexReg 6260; amended to be effective March 1, 2018, 43 TexReg 339; amended to be effective February 22, 2024, 49 TexReg 858 |