| (a) If HHSC decides not to offer a standard contract
to a contractor, as described in §49.561 of this chapter (relating
to HHSC Does Not Offer a 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 a period of time determined by HHSC, but no
less than 12 months after the date the previous contract expires.
(b) If HHSC terminates a 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 terminated
contract; and
(2) for 12 months after the date of termination.
(c) If HHSC terminates a contract for a reason other
than the contractor's death or the contractor's failure to provide
services for 12 consecutive months, 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.
(d) If a contractor does not enter into a standard
contract or terminates its contract in accordance with the contract,
including §49.551 of this chapter (relating to Contractor Terminating
Contract or Not Entering into a Standard Contract), 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 terminated
or expired contract; and
(2) for a period of time determined by HHSC, but no
less than 12 months after the date the contract terminated or expired.
(e) If a contractor does not enter into a standard
contract or terminates a 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 the contract terminated or expired.
(f) If a contractor submits a provisional contract
application to HHSC after the expiration of an application denial
period described in subsections (a) - (e) 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).
|
| Source Note: The provisions of this §49.702 adopted to be effective September 1, 2014, 39 TexReg 6637; amended to be effective September 1, 2018, 43 TexReg 5230; amended to be effective December 22, 2020, 45 TexReg 9234 |
