<<Prev Rule

Texas Administrative Code

Next Rule>>
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 4SANCTIONS
RULE §49.533Recoupment

(a) A contractor is liable to HHSC for amounts paid to the contractor for a service if the contractor has not complied with contract requirements regarding a service claim or payment for a service, including §49.305 of this chapter (relating to Records), §49.311 of this chapter (relating to Claims Payment), and other HHSC rules governing services provided under the contract.

(b) If a contractor is liable to HHSC in accordance with subsection (a) of this section, HHSC may propose to recoup funds for the amount due to HHSC.

(c) If HHSC proposes to recoup funds paid to a contractor in accordance with subsection (b) of this section, HHSC notifies the contractor of the proposed recoupment in writing before the effective date of recoupment.

(d) HHSC recoups funds paid to contractor on the date given in HHSC's notice of proposed recoupment if:

  (1) the contractor does not appeal the proposed recoupment; or

  (2) the contractor appeals the proposed recoupment and the final decision from the administrative hearing is favorable to HHSC.


Source Note: The provisions of this §49.533 adopted to be effective September 1, 2014, 39 TexReg 6637; amended to be effective September 1, 2018, 43 TexReg 5230

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page