| (a) Unless prohibited by law, a contractor must provide
at least 120 days notice before terminating or non-renewing a contract
to provide adequate time for DARS to provide statewide coverage by
securing a new contractor.
(b) During the transition to the new contractor, the
existing contractor must:
(1) continue to provide services to families;
(2) continue to cooperate with DARS;
(3) continue to participate in Texas Health and Human
Services Commission's Random Moment Time Study;
(4) continue to file Medicaid Administrative Claims
as appropriate;
(5) continue to bill other funding sources; and
(6) assist with the transition of families and children,
including the secure transfer of all client files, to the new contractor(s).
(c) Unless prevented by law, or unless as a result
of an adverse action on the contract, DARS will provide at least 90-days
notice before nonrenewing a contract.
(d) In order to provide statewide coverage as required
by the Individuals with Disabilities Education Improvement Act Part
C, DARS may employ an exception to a competitive procurement in the
case of a contract termination for which a competitive procurement
to replace the contractor is not practical to avoid a significant
risk to services to children and families.
(e) DARS may employ an exception to a competitive procurement
when a contractor's enrollment falls to a level that creates a financial
risk to DARS.
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