Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter A - OPERATION OF THE AREA AGENCIES ON AGING › Section 213.5 - Compliance with Contractor Responsibilities, Rewards and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) Background. To the extent feasible, and
				  subject to the availability of funds and other resources, the Department will
				  give rewards to those area agencies on aging which the Department finds have
				  demonstrated exceptional performance. When a contractor has failed to comply
				  with the terms of a contract which governs the use of monies appropriated under
				  that contract, the Texas Department on Aging may take actions, described in
				  this section, as may be legally available and appropriate to the circumstance.
				  It is the intent of this rule to outline the rewards available for compliance
				  with a contract and the sanctions available for non-compliance with contract
				  terms and conditions.
(b)
				  Definitions. Definitions for the terms used in this section are located in
				  §254.1 of this title (relating to the Operation of the Texas Department on
				  Aging) and the definitions for words and terms specific to this chapter shall
				  have the following meanings, unless the context clearly indicates otherwise.
(1) Level One Sanction - The sanction that
				  the Texas Department on Aging may impose as a response to a contractual breach
				  and/or failure to comply with agency rules and specific state and federal
				  requirements.
(2) Level Two
				  Sanction - The sanction that the Texas Department on Aging may impose as a
				  response to a severe problem and the potential negative impact such a problem
				  may have on a Contractor's region or the state.
(3) Level Three Sanction - The sanction that
				  the Texas Department on Aging may impose where a severe and/or continued
				  failure to comply with contractual requirements, agency rules, and/or state
				  and/or federal laws may affect service delivery and/or Contractor financial
				  stability.
(4) Level Four Sanction
				  - The sanction that the Texas Department on Aging may impose where a severe
				  and/or continued failure to comply with contractual requirements, agency rules,
				  and/or state and/or federal laws continues to go uncorrected.
(5) Acceptable corrective action plan -
				  Identification of actions to be taken, including a time line, that are
				  acceptable to the Department to correct an identified issue of contractual or
				  legal non- compliance.
(6)
				  Administrative payments - Payments for general administration of an Area Agency
				  on Aging, including any indirect costs recovery.
(7) Certified - When used in conjunction with
				  performance measure testing it describes having obtained acceptable results,
				  within tolerances allowed by the State Auditor's Office, for data
				  tested.
(8) Discretionary funds -
				  Any funds issued by the Department that are not awarded based on a general
				  funding formula or not awarded to all Area Agencies on Aging by action of the
				  Texas Board on Aging.
(9) Extension
				  - An approved request, which is submitted to the Department on or before the
				  original due date, to submit required reports or other required information
				  later than the established original due date. No more than 2 extensions shall
				  be granted in any one federal fiscal year.