Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 392 - PURCHASE OF GOODS AND SERVICES FOR SPECIFIC HEALTH AND HUMAN SERVICES COMMISSION PROGRAMS › Subchapter D - DARS CONTRACT MANAGEMENT REQUIREMENT › Section 392.305 - General Requirements for Contracting

Current through Reg. 49, No. 28; July 12, 2024
(a) To contract with DARS, the contractor
				  must:
(1) meet eligibility requirements for
				  contracting;
(2) if applicable,
				  have and maintain the appropriate license(s);
(3) submit all documents and information
				  required by DARS;
(4) comply with
				  all applicable DARS and Texas Health and Human Services Commission rules and
				  policies and terms of the contract with DARS;
(5) comply with all local, state, and federal
				  regulations that apply to the contract;
(6) be authorized by law or the Secretary of
				  State to conduct business in the state of Texas;
(7) certify in writing that the contractor's
				  taxes due to the state of Texas are current;
(8) ensure that staff members providing
				  services are competent, professionally ethical, and qualified for positions
				  held. Qualifications of staff members must meet all requirements established by
				  state policy and regulations. The contractor must ensure that all staff members
				  meet minimum qualifications; staff credentials supporting those qualifications
				  must be on file at the time of hire; and staff credentials must be made
				  available to DARS staff members upon request;
(9) provide for such fiscal control and fund
				  accounting as may be necessary to ensure proper disbursement and accounting of
				  funds provided by DARS and in accordance with DARS policies;
(10) maintain accurate and complete records
				  and prepare and distribute reports according to the terms of the
				  contract;
(11) ensure that any
				  contractor facility in which services are provided is:
(A) such that the safety and health of the
				  staff and consumers is protected; and
(B) accessible to individuals receiving
				  services and complies with the requirements of the Architectural Barriers Act
				  of 1968, the Uniform Federal Accessibility Standards, the Americans with
				  Disabilities Act of 1990, and Section 504 of the Rehabilitation Act;
(12) have adequate operating funds
				  available for conducting business on the effective date of the
				  contract;
(13) have an adequate
				  staff to provide services on the effective date of the contract;
(14) notify DARS and HHSC in writing of
				  changes to contract information according to the requirements of the contract.
				  Unless otherwise specified in the contract, the contractor must notify DARS and
				  HHSC:
(A) within 10 calendar days after any
				  address change, including the location of the contractor's office, physical
				  address, or mailing address;
(B)
				  immediately of any change in administrator or director; and
(C) within seven working days of any change
				  in the contact telephone number designated in the contract; and
(15) report suspected violation of
				  rules or laws to the appropriate investigative authority. This includes
				  reporting abuse, neglect, and exploitation issues to the Texas Department of
				  Family and Protective Services (DFPS) or to the appropriate Texas Department of
				  Aging and Disability Services (DADS) licensing staff.