reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE › Section 7.61 - Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
All contracts must be monitored for compliance.
(1) Construction contracts. The monitoring
				  activities for all construction contracts must include performing desk reviews
				  of invoices and reports and conducting on-site reviews.
(2) Certain professional services contracts.
				  The monitoring activities for all professional services contracts for
				  architects, engineers, and land surveyors must include periodic reviews of work
				  product.
(3) Interagency and
				  interlocal contracts. The monitoring activities for all interagency and
				  interlocal contracts must include performing desk reviews of invoices and
				  reports; evaluating the contractor's performance upon completion of the
				  contract; and, if appropriate, requiring prior approvals for
				  expenditures.
(4) Certain contracts
				  for goods and non-consumer services. The monitoring activities for all
				  contracts for goods and non-consumer services that do not exceed $25,000 must
				  include performing desk reviews of invoices and reports.
(5) Performance contracts.
(A) To determine necessary financial
				  monitoring activities:
(i) staff must assess
				  each local authority's financial risk through ratio analysis of the authority's
				  liquidity, ongoing operations, and capital structure, which is based on annual
				  and quarterly financial information submitted by the authority; and
(ii) staff must conduct a desk review of each
				  local authority's annual audit to determine audit quality and to identify
				  findings and questioned costs. Staff must ensure that a local authority submits
				  a corrective actin plan that addresses all findings and questioned
				  costs.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE › Section 7.62 - Remedies and Sanctions for All Contracts Except Construction Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) TDMHMR may impose remedies and sanctions
				  for a contractor's default. Default by a contractor includes:
(1) submitting falsified documents or
				  fraudulent invoicing or making false representations or certifications relating
				  to the contract;
(2) endangering
				  the life, health, welfare, or safety of consumers served under the
				  contract;
(3) failing to perform or
				  comply with any provision, term, or condition of the contract, including:
(A) failing to perform according to the terms
				  and conditions or within the time limit(s) specified in the contract;
(B) failing to comply with applicable federal
				  and state statutes and TDMHMR rules;
(C) failing to notify and reimburse TDMHMR
				  for services TDMHMR paid for when the contractor received reimbursement from a
				  liable third party;
(D) failing to
				  disclose or make available, upon demand, to TDMHMR or its representatives any
				  records the contractor is required to maintain;
(E) failing to correct contract performance
				  deficiencies after receiving written notice about them from TDMHMR;
				  and
(F) failing to repay or make
				  and follow through with arrangements satisfactory to TDMHMR to repay identified
				  overpayment or other erroneous payments.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE › Section 7.63 - Negotiation and Mediation

Current through Reg. 49, No. 28; July 12, 2024
TDMHMR and its contractors must comply with Chapter 417,
					 Subchapter S of this title (relating to Negotiation and Mediation of Certain
					 Contract Claims Against TDMHMR), as applicable.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE › Section 7.64 - References

Current through Reg. 49, No. 28; July 12, 2024
The following laws and rules are referenced in this
					 subchapter:
(1) Texas Government Code,
				  Chapters 656, Subchapter C; 783; 771; 791; 2054; 2105; 2157; 2166; and 2254,
				  Subchapters A and B; §403.055; §411.115; §572.054;
				  §659.0115; §2155.004; 2155.083; §2155.144; §2252.901; and
				  §2260.051(c);
(2) Texas Health
				  and Safety Code, Chapter 250; §533.001(d); §533.007;
				  §533.035(a); and §551.007;
(3) Texas Civil Statutes, Article
				  2.45;
(4) 1 TAC, Part 1, Chapter 5,
				  Subchapter A, Division 4;
(5) 1
				  TAC, Part 5, Chapter 111, §§111.11 - 111.27 (relating to Historically
				  Underutilized Business Program);
(6) 1 TAC, Part 15, Chapter 391, governing
				  Purchase of Goods and Services by Health and Human Services Agencies;
(7) Chapter 417, Subchapter S of this title
				  (relating to Negotiation and Mediation of Certain Contract Claims Against
				  TDMHMR);
(8) Chapter 414,
				  Subchapter A of this title (relating to Client-Identifying
				  Information);
(9) Chapter 414,
				  Subchapter K of this title (relating to Criminal History Clearances);
(10) TDMHMR Operating Instruction for Ethics
				  (417-16); and
(11) Texas Family
				  Code, §
										231.006.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR STATE FACILITIES AND CENTRAL OFFICE › Section 7.65 - Distribution

Current through Reg. 49, No. 28; July 12, 2024
This subchapter shall be distributed to:
(1) members of the Texas MHMR
				  Board;
(2) executive, management,
				  and program staff at Central Office;
(3) superintendents/directors of all TDMHMR
				  facilities; and
(4) advocacy
				  organizations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter D - PERMANENT IMPROVEMENTS DONATED BY INDIVIDUALS OR COMMUNITY GROUPS › Section 7.151 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to establish policies and
					 procedures for donating and completing a permanent
					 improvement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter D - PERMANENT IMPROVEMENTS DONATED BY INDIVIDUALS OR COMMUNITY GROUPS › Section 7.152 - Application

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this subchapter apply to situations in
					 which a donor proposes to donate a permanent improvement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter D - PERMANENT IMPROVEMENTS DONATED BY INDIVIDUALS OR COMMUNITY GROUPS › Section 7.154 - Permanent Improvement Process

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility CEO, with assistance from
				  the director, facility community relations, and the VSC chair, must submit a
				  written description of the proposed permanent improvement (improvement) by
				  completing and submitting the Permanent Improvement Concept form referred to in
				  § 417.159 of this title.
(b)
				  If the concept is approved by the commissioner or designee as described in
				  § 417.155 of this title (relating to Permanent Improvement Approval), the
				  facility CEO with assistance from the director, facility community relations,
				  and the VSC chair, submit a completed Permanent Improvement Proposal form,
				  which is referred to in § 417.159 of this title (relating to
				  References).
(c) The director,
				  facility community relations, or VSC chair may consult with the donor
				  throughout all phases of the review and approval process, including:
(1) the proposal review process;
(2) the design, fundraising, and construction
				  review process; and
(3) the
				  acceptance process.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter D - PERMANENT IMPROVEMENTS DONATED BY INDIVIDUALS OR COMMUNITY GROUPS › Section 7.155 - Permanent Improvement Approval

Current through Reg. 49, No. 28; July 12, 2024
The commissioner or designee must approve all phases of the
					 Permanent Improvement Process as described in the
Community Relations
					 Program Manual
, permanent improvements section.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter D - PERMANENT IMPROVEMENTS DONATED BY INDIVIDUALS OR COMMUNITY GROUPS › Section 7.155 - Permanent Improvement Approval

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter D - PERMANENT IMPROVEMENTS DONATED BY INDIVIDUALS OR COMMUNITY GROUPS › Section 7.156 - Responsibilities of the VSC Board, VSC Chair, and PI Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) Following the approval of the proposal,
				  the executive committee of the facility's volunteer services council (VSC)
				  board of directors may act as the PI committee or may appoint a PI committee
				  for each improvement, which comprises:
(1)
				  VSC members who are individuals from the community; and
(2) facility staff who are nonvoting members
				  of the PI committee.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter D - PERMANENT IMPROVEMENTS DONATED BY INDIVIDUALS OR COMMUNITY GROUPS › Section 7.156 - Responsibilities of the VSC Board, VSC Chair, and PI Committee

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter D - PERMANENT IMPROVEMENTS DONATED BY INDIVIDUALS OR COMMUNITY GROUPS › Section 7.157 - Dedicated Construction Account Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The VSC chair and a member of the PI
				  committee or a designee from the VSC who is not an employee must be designated
				  as co-signers on the dedicated construction account.
(b) If conditions warrant, the commissioner
				  or designee may require that the dedicated construction account be established
				  with a third-party escrow agent.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter D - PERMANENT IMPROVEMENTS DONATED BY INDIVIDUALS OR COMMUNITY GROUPS › Section 7.158 - Accepting an Improvement

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Upon completing the improvement, the VSC chair or designee notifies the
				  commissioner in writing that the PI committee is ready to convey the
				  improvement to the state.
(b) The
				  commissioner acknowledges the acceptance of the improvement in writing to the
				  facility CEO, the VSC chair, and the donor.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter D - PERMANENT IMPROVEMENTS DONATED BY INDIVIDUALS OR COMMUNITY GROUPS › Section 7.159 - References

Current through Reg. 49, No. 28; July 12, 2024
(a) Reference is made to the:
(1) Permanent Improvement Concept
				  form;
(2) Permanent Improvement
				  Proposal form; and
(3)
Community Relations Program Manual
.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter D - PERMANENT IMPROVEMENTS DONATED BY INDIVIDUALS OR COMMUNITY GROUPS › Section 7.160 - Distribution

Current through Reg. 49, No. 28; July 12, 2024
(a) The subchapter is distributed to the
				  board, commissioner, medical director; deputy commissioners for community
				  programs and finance and administration; directors, SMHMRFs; Central Office
				  program staff; and facility CEOs.
(b) The facility CEO is responsible for
				  disseminating this subchapter to appropriate staff.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 1 - GENERAL › Section 7.901 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to describe the
						provisions for negotiation and mediation of certain contract claims against the
						Texas Department of Mental Health and Mental Retardation (TDMHMR), pursuant to
						the Government Code, §
											2260.052(c).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 1 - GENERAL › Section 7.902 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to the Texas
					 Department of Mental Health and Mental Retardation (TDMHMR).
(b) This subchapter does not apply to an
					 action of a unit of state government for which a contractor is entitled to a
					 specific remedy pursuant to state or federal constitution or statute.
(c) This subchapter does not apply to a
					 contract action proposed or taken by a unit of state government for which a
					 contractor receiving Medicaid funds under that contract is entitled by state
					 statute or rule to a hearing conducted in accordance with Government Code,
					 Chapter 2001.
(d) This subchapter
					 does not apply to contracts:
(1) between a
					 unit of state government and the federal government or its agencies, another
					 state or another nation;
(2)
					 between two or more units of state government;
(3) between a unit of state government and a
					 local governmental body, or a political subdivision of another state;
(4) between a subcontractor and a
					 contractor;
(5) subject to §
												201.112 of the
					 Transportation Code;
(6) within the
					 exclusive jurisdiction of state or local regulatory bodies;
(7) within the exclusive jurisdiction of
					 federal courts or regulatory bodies; or
(8) that are solely and entirely funded by
					 federal grant monies other than for a project defined in §417.903.(10) of
					 this title (relating to Definitions).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 1 - GENERAL › Section 7.903 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						subchapter, have the following meaning, unless the context clearly indicates
						otherwise:
(1) Chief administrative
					 officer--The commissioner, executive director, president or other executive
					 officer responsible for the day to day operations of a unit of state
					 government.
(2) Claim--A demand for
					 damages by the contractor based upon the unit of state government's alleged
					 breach of the contract.
(3)
					 Contract--A written contract between a unit of state government and a
					 contractor by the terms of which the contractor agrees either:
(A) to provide goods or services, by sale or
					 lease, to or for a unit of state government; or
(B) to perform a project as defined by
					 Government Code, §
												2166.001.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 1 - GENERAL › Section 7.904 - Prerequisites to Suit

Current through Reg. 49, No. 28; July 12, 2024
The procedures contained in this subchapter are exclusive
						and required prerequisites to suit under the Civil Practice and Remedies Code,
						Chapter 107, and the Government Code, Chapter 2260.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 1 - GENERAL › Section 7.905 - Sovereign Immunity

Current through Reg. 49, No. 28; July 12, 2024
This subchapter does not waive a unit of state
						government's sovereign immunity to suit or liability.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 2 - NEGOTIATION › Section 7.906 - Notice of Claim of Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 contractor asserting a claim of breach of contract under the Government Code,
					 Chapter 2260, shall file notice of the claim as provided by this
					 section.
(b) The notice of claim
					 shall:
(1) be in writing and signed by the
					 contractor or the contractor's authorized representative;
(2) be delivered by hand, certified mail
					 return receipt requested, or other verifiable delivery service, to the officer
					 of the unit of state government designated in the contract to receive a notice
					 of claim of breach of contract under the Government Code, Chapter 2260; if no
					 person is designated in the contract, the notice shall be delivered to the
					 unit's chief administrative officer, and
(3) state in detail:
(A) the nature of the alleged breach of
					 contract, including the date of the event that the contractor asserts as the
					 basis of the claim and each contractual provision allegedly breached;
(B) a description of damages that resulted
					 from the alleged breach, including the amount and method used to calculate
					 those damages; and
(C) the legal
					 theory of recovery, i.e., breach of contract, including the causal relationship
					 between the alleged breach and the damages claimed.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 2 - NEGOTIATION › Section 7.907 - Agency Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) A unit of
					 state government asserting a counterclaim under the Government Code, Chapter
					 2260, shall file notice of the counterclaim as provided by this
					 section.
(b) The notice of
					 counterclaim shall:
(1) be in
					 writing;
(2) be delivered by hand,
					 certified mail return receipt requested or other verifiable delivery service to
					 the contractor or representative of the contractor who signed the notice of
					 claim of breach of contract; and
(3) state in detail:
(A) the nature of the counterclaim;
(B) a description of damages or offsets
					 sought, including the amount and method used to calculate those damages or
					 offsets; and
(C) the legal theory
					 supporting the counterclaim.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 2 - NEGOTIATION › Section 7.908 - Request for Voluntary Disclosure of Additional Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the filing of a claim or
					 counterclaim, parties may request to review and copy information in the
					 possession or custody or subject to the control of the other party that
					 pertains to the contract claimed to have been breached, including, without
					 limitation:
(1) accounting records;
(2) correspondence, including, without
					 limitation, correspondence between the unit and outside consultants it utilized
					 in preparing its solicitation or any part thereof or in administering the
					 contract, and correspondence between the contractor and its subcontractors,
					 materialmen, and vendors;
(3)
					 schedules;
(4) the parties'
					 internal memoranda; and
(5)
					 documents created by the contractor in preparing its offer to the unit and
					 documents created by the unit in analyzing the offers it received in response
					 to a solicitation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 2 - NEGOTIATION › Section 7.909 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties shall negotiate in accordance with the
						timetable set forth in § 417.910 of this title (relating to Timetable) to
						attempt to resolve all claims and counterclaims. No party is obligated to
						settle with the other party as a result of the negotiation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 2 - NEGOTIATION › Section 7.910 - Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) Following receipt of a contractor's
					 notice of claim, the chief administrative officer of the unit of state
					 government or other designated representative shall review the contractor's
					 claim(s) and the unit's counterclaim(s), if any, and initiate negotiations with
					 the contractor to attempt to resolve the claim(s) and
					 counterclaim(s).
(b) Subject to
					 subsection (c) of this section, the parties shall begin negotiations within a
					 reasonable period of time, not to exceed 60 days following the later of:
(1) the date of termination of the
					 contract;
(2) the completion date,
					 or substantial completion date in the case of construction projects, in the
					 original contract; or
(3) the date
					 the unit of state government receives the contractor's notice of
					 claim.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 2 - NEGOTIATION › Section 7.911 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) Negotiation is
					 a consensual bargaining process in which the parties attempt to resolve a claim
					 and counterclaim. A negotiation under this division may be conducted by any
					 method, technique, or procedure authorized under the contract or agreed upon by
					 the parties, including, without limitation, negotiation in person, by
					 telephone, by correspondence, by video conference, or by any other method that
					 permits the parties to identify their respective positions, discuss their
					 respective differences, confer with their respective advisers, exchange offers
					 of settlement, and settle.
(b) The
					 parties may conduct negotiations with the assistance of one or more neutral
					 third parties. If the parties choose to mediate their dispute, the mediation
					 shall be conducted in accordance with Division 3 of this subchapter. Parties
					 may choose an assisted negotiation process other than mediation.
(c) To facilitate the meaningful evaluation
					 and negotiation of the claim(s) and any counterclaim(s), the parties may
					 exchange relevant documents that support their respective claims, defenses,
					 counterclaims or positions.
(d)
					 Material submitted pursuant to this section and claimed to be confidential by
					 the contractor shall be handled pursuant to the requirements of the Public
					 Information Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 2 - NEGOTIATION › Section 7.912 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
						disclosed prior to, or at the beginning of, negotiations. To the extent
						possible, the parties shall select negotiators who are knowledgeable about the
						subject matter of the dispute, who are in a position to reach agreement, and
						who can credibly recommend approval of an agreement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 2 - NEGOTIATION › Section 7.913 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A settlement
					 agreement may resolve an entire claim or any designated and severable portion
					 of a claim.
(b) To be enforceable,
					 a settlement agreement must be in writing and signed by representatives of the
					 contractor and the unit of state government who have authority to bind each
					 respective party.
(c) A partial
					 settlement does not waive a parties' rights under the Government Code, Chapter
					 2260, as to the parts of the claims or counterclaims that are not
					 resolved.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 2 - NEGOTIATION › Section 7.914 - Costs of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, each party shall be
						responsible for its own costs incurred in connection with a negotiation,
						including, without limitation, the costs of attorney's fees, consultant's fees
						and expert's fees.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 2 - NEGOTIATION › Section 7.915 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 If a claim for breach of contract is not resolved in its entirety through
					 negotiation, mediation or other assisted negotiation process in accordance with
					 this subchapter on or before the 270th day after the unit receives the notice
					 of claim, or after the expiration of any extension agreed to by the parties
					 pursuant to §417.910(f) of this title (relating to Timetable), the
					 contractor may file a request with the unit of state government for a contested
					 case hearing before SOAH.
(b) A
					 request for a contested case hearing shall state the legal and factual basis
					 for the claim, and shall be delivered to the chief administrative officer of
					 the unit of state government or other officer designated in the contract to
					 receive notice within a reasonable time after the 270th day or the expiration
					 of any written extension agreed to pursuant to §417.910(f) of this title
					 (relating to Timetable).
(c) The
					 unit of state government shall forward the contractor's request for contested
					 case hearing to SOAH within a reasonable period of time, not to exceed thirty
					 days, after receipt of the request.
(d) The parties may agree to submit the case
					 to SOAH before the 270th day after the notice of claim is received by the unit
					 of state government if they have achieved a partial resolution of the claim or
					 if an impasse has been reached in the negotiations and proceeding to a
					 contested case hearing would serve the interests of justice.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 3 - MEDIATION › Section 7.916 - Mediation Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) The contractor
					 and unit of state government may agree to mediate the dispute at any time
					 before the 270th day after the unit of state government receives a notice of
					 claim of breach of contract, or before the expiration of any extension agreed
					 to by the parties in writing.
(b) A
					 contractor and unit of state government may mediate the dispute even after the
					 case has been referred to SOAH for a contested case. SOAH may also refer a
					 contested case for mediation pursuant to its own rules and guidelines, whether
					 or not the parties have previously attempted mediation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 3 - MEDIATION › Section 7.917 - Conduct of Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Mediation is a
					 consensual process in which an impartial third party, the mediator, facilitates
					 communication between the parties to promote reconciliation, settlement, or
					 understanding among them. A mediator may not impose his or her own judgment on
					 the issues for that of the parties. The mediator must be acceptable to both
					 parties.
(b) The mediation is
					 subject to the provisions of the Governmental Dispute Resolution Act,
					 Government Code, Chapter 2009. For purposes of this division, "mediation" is
					 assigned the meaning set forth in the Civil Practice and Remedies Code, §
											154.023.
(c) To facilitate a meaningful opportunity
					 for settlement, the parties shall, to the extent possible, select
					 representatives who are knowledgeable about the dispute, who are in a position
					 to reach agreement, or who can credibly recommend approval of an
					 agreement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 3 - MEDIATION › Section 7.918 - Agreement to Mediate

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties may
					 agree to use mediation as an option to resolve a breach of contract claim at
					 the time they enter into the contract and include a contractual provision to do
					 so. The parties may mediate a breach of contract claim even absent a
					 contractual provision to do so if both parties agree.
(b) Any agreement to mediate should include
					 consideration of the following factors:
(1)
					 The source of the mediator. Potential sources of mediators include governmental
					 officers or employees who are qualified as mediators under Section
					 154.052,
					 Civil Practice and Remedies Code, private mediators, SOAH, the Center for
					 Public Policy Dispute Resolution at The University of Texas School of Law, an
					 alternative dispute resolution system created under Chapter 152, Civil Practice
					 and Remedies Code, or another state or federal agency or through a pooling
					 agreement with several state agencies. Before naming a mediator source in a
					 contract, the parties should contact the mediator source to be sure that it is
					 willing to serve in that capacity. In selecting a mediator, the parties should
					 use the qualifications set forth in subsection § 417.919 of this title
					 (relating to Qualifications and Immunity of the Mediator).
(2) The time period for the mediation. The
					 parties should allow enough time in which to make arrangements with the
					 mediator and attending parties to schedule the mediation, to attend and
					 participate in the mediation, and to complete any settlement approval
					 procedures necessary to achieve final settlement. While this time frame can
					 vary according to the needs and schedules of the mediator and parties, it is
					 important that the parties allow adequate time for the process.
(3) The location of the mediation.
(4) Allocation of costs of the
					 mediator.
(5) The identification of
					 representatives who will attend the mediation on behalf of the parties, if
					 possible, by name or position within the governmental unit or contracting
					 entity.
(6) The settlement approval
					 process in the event the parties reach agreement at the mediation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 3 - MEDIATION › Section 7.919 - Qualifications and Immunity of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
(a) The mediator shall possess the
					 qualifications required under Civil Practice and Remedies Code, §
											154.052,
					 be subject to the standards and duties prescribed by Civil Practice and
					 Remedies Code, §
											154.053
					 and have the qualified immunity prescribed by Civil Practice and Remedies Code,
					 §
											154.055,
					 if applicable.
(b) The parties
					 should decide whether, and to what extent, knowledge of the subject matter and
					 experience in mediation would be advisable for the mediator.
(c) The parties should obtain from the
					 prospective mediator the ethical standards that will govern the
					 mediation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 3 - MEDIATION › Section 7.920 - Confidentiality of Mediation and Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediation conducted under this division
					 is confidential in accordance with Government Code, §
											2009.054.
(b) The confidentiality of a final settlement
					 agreement to which a unit of state government is a signatory that is reached as
					 a result of the mediation is governed by Government Code, Chapter
					 552.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 3 - MEDIATION › Section 7.921 - Costs of Mediation

Current through Reg. 49, No. 28; July 12, 2024
Unless the contractor and unit of state government agree
						otherwise, each party shall be responsible for its own costs incurred in
						connection with the mediation, including costs of document reproduction for
						documents requested by such party, attorney's fees, and consultant or expert
						fees. The costs of the mediation process itself shall be divided equally
						between the parties.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 3 - MEDIATION › Section 7.922 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
						disclosed by the parties prior to the mediation. To the extent possible, the
						parties shall select representatives who are knowledgeable about the subject
						matter of the dispute, who are in a position to reach agreement, and who can
						credibly recommend approval of an agreement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 3 - MEDIATION › Section 7.923 - Initial Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
Any settlement agreement reach during the mediation shall
						be signed by the representatives of the contractor and the unit of state
						government, and shall describe any procedures required to be followed by the
						parties in connection with final approval of the agreement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 3 - MEDIATION › Section 7.924 - Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A final
					 settlement agreement reached during, or as a result of mediation, that resolves
					 an entire claim or any designated and severable portion of a claim shall be in
					 writing and signed by representatives of the contractor and the unit of state
					 government who have authority to bind each respective party.
(b) If the settlement agreement does not
					 resolve all issues raised by the claim and counterclaim, the agreement shall
					 identify the issues that are not resolved.
(c) A partial settlement does not waive a
					 contractor's rights under the Government Code, Chapter 2260, as to the parts of
					 the claim that are not resolved.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 7 - DADS ADMINISTRATIVE RESPONSIBILITIES › Subchapter S - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST DADS › Division 3 - MEDIATION › Section 7.925 - Referral to the State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
If mediation does not resolve all issues raised by the
						claim, the contractor may request that the claim be referred to SOAH by the
						unit of state government. Nothing in these rules prohibits the contractor and
						unit of state government from mediating their dispute after the case has been
						referred for contested case hearing, subject to the rules of
						SOAH.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 8 - CLIENT CARE-INTELLECTUAL DISABILITY SERVICES › Subchapter L - HUMAN IMMUNODEFICIENCY VIRUS (HIV) PREVENTION, TESTING, AND TREATMENT › Section 8.281 to 8.297

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter B - ADVERSE ACTIONS › Section 9.31 - Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to all Medicaid programs
					 administered by the Texas Department of Mental Health and Mental
					 Retardation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter B - ADVERSE ACTIONS › Section 9.32 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Administrative law judge--The attorney designated or appointed by the
				  commissioner to conduct and preside over the administrative hearing.
(2) Adverse action--Any action taken or
				  proposed by the department against a provider in which the provider may request
				  an administrative hearing under Chapter 406 of this title (relating to ICF/MR
				  Programs) or this chapter, concerning Medicaid Programs.
(3) Commissioner--The commissioner of the
				  Texas Department of Mental Health and Mental Retardation.
(4) Days--Calendar days, unless otherwise
				  specified.
(5) Department--The
				  Texas Department of Mental Health and Mental Retardation (TXMHMR) or its
				  designee.
(6) Person--An
				  individual, partnership, corporation, association, governmental subdivision or
				  agency, or a public or private organization of any character.
(7) Provider--Any person with whom the
				  department has a provider agreement.
(8) Provider agreement--Any written agreement
				  that obligates the department to pay money to a person for goods or services
				  under the Title XIX Medical Assistance Program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter B - ADVERSE ACTIONS › Section 9.33 - Notice of Adverse Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The commissioner or
				  designee is authorized to make decisions concerning adverse action.
(b) The commissioner or designee must send a
				  provider a notice advising the provider of any adverse action. The notice is
				  sent by certified mail, return receipt requested, unless the department
				  determines that a more immediate form of notice is required. The notice
				  includes a description of the basis for the adverse action, including citation
				  of the specific rule section(s) or portion of the provider agreement with which
				  the provider in is noncompliance and informs the provider of the provider's
				  right to an administrative hearing to contest the adverse action. If the
				  adverse action proposed by the department is termination of the provider
				  agreement, then the notice must also specify the dates that the department
				  intends to begin withholding payment and to terminate the provider agreement in
				  accordance with § 409.35 of this title (relating to Withholding Provider
				  Agreement Payments).
(c) The
				  department does not have to give a notice of adverse action with each billing
				  transaction for areas of the department that have a large volume of bills or
				  which routinely post debit and credit entries. The department must give a
				  provider a notice of appeal rights any time the provider informs the department
				  in writing of the provider's dissatisfaction with a claim transaction which is
				  an adverse action.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter B - ADVERSE ACTIONS › Section 9.34 - Request for an Administrative Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  provider must send to the department a written request for an administrative
				  hearing within 15 days after receiving the department's official notice of
				  adverse action. The request for an administrative hearing:
(1) may be in the form of a petition or a
				  letter;
(2) must state the reasons
				  the provider considers it is not subject to the adverse action; and
(3) must be addressed to: Hearings Office,
				  TXMHMR, P.O. Box 12668, Austin, Texas 78911-2668.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter B - ADVERSE ACTIONS › Section 9.35 - Withholding Provider Agreement Payments

Current through Reg. 49, No. 28; July 12, 2024
If the department proposes to terminate a provider
					 agreement and the provider requests an administrative hearing in accordance
					 with § 409.34 of this title (relating to Request for an Administrative
					 Hearing), then the department may not terminate the provider agreement before
					 the completion of the administrative hearing. If the department intends to
					 terminate a provider agreement, then payments to the provider may be withheld
					 by the department pending an administrative hearing appealing the proposed
					 termination of the provider agreement. If the final decision of the
					 administrative hearing is favorable to the department or the provider does not
					 make a timely request for an administrative hearing, then payments withheld
					 will not be made by the department to the provider. If the final decision is
					 favorable to the provider, then payments withheld will be made by the
					 department to the provider and provider agreement payments will be resumed by
					 the department.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.151

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.152

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.153

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.154

Current through Reg. 49, No. 28; July 12, 2024