| (a) The following words and terms, when used in this
section, have the following meanings:
(1) CIL--A center for independent living as defined
under Texas Human Resources Code §117.001(1-a).
(2) HHSC--The Texas Health and Human Services Commission
or its designee.
(3) Program--The independent living services program
pursuant to Texas Human Resources Code §117.079.
(b) This section applies to independent living services
contracts, whether by grant or other form of agreement, under the
Program.
(c) In contracting with a CIL to provide independent
living services under the Program, HHSC considers, as applicable:
(1) governing law, rules, and regulations;
(2) the CIL's ability to provide the services sought
to be contracted;
(3) the CIL's performance monitoring data generated
pursuant to Texas Human Resources Code §117.080(d);
(4) any of the CIL's subcontractors performing services
under the Program; and
(5) any other factors that HHSC determines necessary
or reasonable.
(d) In contracting with organizations or other persons
that are not CILs to provide independent living services under the
Program, HHSC considers, as applicable:
(1) governing law, rules, and regulations;
(2) the organization's or other person's ability to
provide the services sought to be contracted;
(3) the organization's or other person's performance
monitoring data generated under the Program; and
(4) any other factors that HHSC determines necessary
or reasonable.
(e) In contracting with organizations and other persons
to provide independent living services under the Program, CILs must
consider:
(1) governing law, rules, and regulations; and
(2) other factors that HHSC determines necessary or
reasonable.
(f) HHSC monitors contracts with CILs and organizations
or other persons that provide independent living services through
contracts with HHSC under the Program in accordance with HHSC's contract
management handbook published pursuant to Texas Government Code §2261.256.
(g) Each CIL that contracts with organizations or other
persons to provide independent living services under the Program is
required to monitor its contracts. Each CIL must also report subcontract
performance data to HHSC, as required by its contract. Contract monitoring
under this subsection is subject to review by HHSC in performance
monitoring pursuant to Texas Human Resources Code §117.080(d).
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