| (a) To contract with DARS, the contractor must:
(1) meet eligibility requirements for contracting;
(2) if applicable, have and maintain the appropriate
license(s);
(3) submit all documents and information required by
DARS;
(4) comply with all applicable DARS and Texas Health
and Human Services Commission rules and policies and terms of the
contract with DARS;
(5) comply with all local, state, and federal regulations
that apply to the contract;
(6) be authorized by law or the Secretary of State
to conduct business in the state of Texas;
(7) certify in writing that the contractor's taxes
due to the state of Texas are current;
(8) ensure that staff members providing services are
competent, professionally ethical, and qualified for positions held.
Qualifications of staff members must meet all requirements established
by state policy and regulations. The contractor must ensure that all
staff members meet minimum qualifications; staff credentials supporting
those qualifications must be on file at the time of hire; and staff
credentials must be made available to DARS staff members upon request;
(9) provide for such fiscal control and fund accounting
as may be necessary to ensure proper disbursement and accounting of
funds provided by DARS and in accordance with DARS policies;
(10) maintain accurate and complete records and prepare
and distribute reports according to the terms of the contract;
(11) ensure that any contractor facility in which services
are provided is:
(A) such that the safety and health of the staff and
consumers is protected; and
(B) accessible to individuals receiving services and
complies with the requirements of the Architectural Barriers Act of
1968, the Uniform Federal Accessibility Standards, the Americans with
Disabilities Act of 1990, and Section 504 of the Rehabilitation Act;
(12) have adequate operating funds available for conducting
business on the effective date of the contract;
(13) have an adequate staff to provide services on
the effective date of the contract;
(14) notify DARS and HHSC in writing of changes to
contract information according to the requirements of the contract.
Unless otherwise specified in the contract, the contractor must notify
DARS and HHSC:
(A) within 10 calendar days after any address change,
including the location of the contractor's office, physical address,
or mailing address;
(B) immediately of any change in administrator or director;
and
(C) within seven working days of any change in the
contact telephone number designated in the contract; and
(15) report suspected violation of rules or laws to
the appropriate investigative authority. This includes reporting abuse,
neglect, and exploitation issues to the Texas Department of Family
and Protective Services (DFPS) or to the appropriate Texas Department
of Aging and Disability Services (DADS) licensing staff.
(b) To provide services, a contractor must maintain
adequate:
(1) funding for provision of services; and
(2) staff for the provision of services.
(c) A contractor or potential contractor may not offer,
give, or agree to give a DARS employee anything of value.
(d) A contractor or potential contractor may not engage
in any activity that presents a real or apparent conflict of interest.
(e) A former DARS employee may not represent or receive
compensation from any person concerning any contractual matter in
which the former employee participated during his or her employment
with the state.
(f) DARS may choose not to enter into a contract:
(1) when, in DARS' opinion, the contractor, potential
contractor, or a controlling party has a documented, unsatisfactory
history in contracting with DARS or with another health and human
services agency;
(2) if the contractor or potential contractor:
(A) subcontracts any direct care services without specific
authorization from DARS and HHSC; and/or
(B) assigns or transfers the contract without prior
written approval of DARS and HHSC.
(g) DARS or HHSC assigns the effective date of a contract.
(h) Goods or services purchased or reimbursed by DARS
may be inspected or monitored at the discretion of DARS or HHSC.
(i) DARS or HHSC may require corrective action, suspend
consumer referrals, and/or impose an adverse action against a contractor
for failure to comply with the terms of the contract and/or DARS or
HHSC rules, policies, and procedures.
(j) A contractor must participate in orientation relating
to DARS and HHSC contract requirements before providing goods or services
under a contract for the first time.
(k) A contractor shall ensure that any facility in
which services are provided includes among the staff members, or shall
obtain the services of, people able to communicate in the native language
of applicants and consumers who have limited English speaking ability
and ensure that appropriate modes of communication are used for all
consumers.
(l) Contractors that provide vocational rehabilitation
services shall take affirmative action to employ and advance in employment
qualified individuals with disabilities.
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