Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 52 - CONTRACTING FOR COMMUNITY SERVICES › Subchapter E - ENFORCEMENT BY HHSC, TERMINATION BY CONTRACTOR, AND NO OFFER OF STANDARD CONTRACT BY HHSC › Division 4 - SANCTIONS › Section 52.315 - Termination of Contract by HHSC

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may
					 propose to terminate a contract:
(1) without
					 cause by giving at least 60 days written notice to the contractor as provided
					 by the contract; or
(2) for good
					 cause as determined by HHSC, including if:
(A) the contractor has not provided any
					 services under the contract during a period of 12 consecutive months;
(B) the contractor has not complied with the
					 terms of the contract, including:
(i) the
					 contractor's overall compliance score from a contract monitoring is less than
					 90 percent, as described in §
														49.411(e)
					 of this chapter (relating to Contract and Fiscal Monitoring);
(ii) the contractor has not submitted or
					 complied with a corrective action plan as described in §
														49.522(d)
					 of this subchapter (relating to Corrective Action Plan);
(iii) the contractor has not submitted or
					 complied with an immediate protection plan as described in §
														49.511(d)
					 of this subchapter (relating to Immediate Protection and Immediate Protection
					 Plan); or
(iv) DADS or HHSC has
					 imposed repeated actions or sanctions against the contractor that, when
					 considered cumulatively, constitute significant non-compliance with the
					 contract;
(C) the
					 contractor undergoes a change of ownership or change of legal entity and the
					 requirements in §49.210 (a)(1) - (4) of this chapter (relating to
					 Contractor Change of Ownership or Legal Entity) are not met, as described in
					 §
													49.210(c)(1)
					 of this chapter;
(D) the
					 contractor's application packet described in §
													49.203(a)(3)
					 of this chapter (relating to Provisional Contract Application Process):
(i) contained incorrect information;
					 or
(ii) contains information that
					 has become incorrect and the contractor has not notified HHSC in accordance
					 with §49.302(i) - (q) of this chapter (relating to General
					 Requirements);
(E) the
					 contractor or a controlling person of the contractor is under a period of
					 exclusion in accordance with §§1128, 1128A, 1136, 1156, or 1842(j)(2)
					 of the Social Security Act;
(F) the
					 contractor or a controlling person of the contractor is ineligible to contract
					 with HHSC in accordance with §
													49.206
					 of this chapter (relating to Ineligibility Due to Criminal History);
(G) the contractor or a controlling person of
					 the contractor is prohibited from contracting with HHSC in accordance with
					 Chapter 79, Subchapter S of this title (relating to Contracting
					 Ethics);
(H) the contractor is
					 required to register with the Texas Secretary of State and contractor's status
					 with the Texas Secretary of State is not "in existence";
(I) the contractor is required to pay Texas
					 franchise tax and the contractor's right to transact business status with the
					 Texas Comptroller of Public Accounts is not "active";
(J) HHSC or another governmental entity
					 proposed or imposed a penalty, revocation, denial, termination, or suspension
					 against a license, certification, or registration held by the
					 contractor;
(K) the contractor no
					 longer has a license, certification, accreditation or other document required
					 by §
													49.302(a)
					 of this chapter;
(L) the contractor
					 or a controlling person of the contractor is listed on:
(i) the HHSC employee misconduct registry as
					 unemployable;
(ii) the HHSC nurse
					 aide registry as revoked or suspended;
(iii) the United States System for Award
					 Management maintained by the General Services Administration;
(iv) the LEIE maintained by the United States
					 Department of Health and Human Services, Office of Inspector General;
(v) the LEIE maintained by the HHSC Office of
					 Inspector General;
(vi) the
					 Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and
					 the period of debarment has not expired; or
(vii) the HHS list of exclusions;
(M) the contractor or a
					 controlling person of the contractor has been confirmed by DFPS or HHSC as
					 having committed abuse, neglect, or exploitation;
(N) HHSC proposed or imposed an action or
					 sanction against:
(i) another contract of the
					 contractor or a controlling person of the contractor; or
(ii) a contract of a person for whom the
					 contractor or a controlling person of the contractor was a controlling
					 person;
(O) a
					 governmental entity other than HHSC or a managed care organization contracting
					 with a governmental entity proposed or imposed an action or sanction against:
(i) a contractual agreement of the contractor
					 or a controlling person of the contractor; or
(ii) a contractual agreement of a person for
					 whom the contractor or a controlling person of the contractor was a controlling
					 person;
(P) the
					 contractor or a controlling person of the contractor terminated a contractual
					 agreement with a governmental entity in a federal health care program, as
					 defined in §1128B(f) of the Social Security Act, while an adverse action
					 or sanction was proposed or in effect;
(Q) the contractor or a controlling person of
					 the contractor terminated another contract while an action or sanction was
					 proposed or in effect;
(R) the
					 contractor or a controlling person of the contractor has an unresolved
					 financial liability with HHSC or another governmental entity;
(S) HHSC denies or terminates certification
					 of a contractor that has a contract for the HCS or TxHmL Program, in accordance
					 with § 9.183 of this title (relating to Program Provider Compliance and
					 Corrective Action) or § 9.587 of this title (relating to Program Provider
					 Compliance and Corrective Action); or
(T) for a contractor that has a contract for
					 Title XIX DAHS, Title XX AFC, RC, or DAHS, the contractor does not have a legal
					 right to occupy the facility under the contract.