Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 52 - CONTRACTING FOR COMMUNITY SERVICES › Subchapter B - CONTRACTOR ENROLLMENT › Section 52.37 - Provisional Contract Application Denial

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  HHSC denies a provisional contract application if:
(1) HHSC has not approved the applicant or
				  contractor for enrollment in accordance with 1 TAC Chapter 352 (relating to
				  Medicaid and Children's Health Insurance Program Provider Enrollment) and 1 TAC
				  Chapter 371, Subchapter E (relating to Provider Disclosure and
				  Screening);
(2) HHSC has denied the
				  enrollment application of the applicant or contractor, or has disenrolled the
				  applicant or contractor, in accordance with 1 TAC Chapter 352 or Chapter 371,
				  Subchapter E;
(3) the applicant or
				  a controlling person of the applicant is under an application denial period as
				  described in §
											49.702
				  of this chapter (relating to Application Denial Period);
(4) the applicant or a controlling person of
				  the applicant is under a period of exclusion in accordance with
				  §§1128, 1128A, 1136, 1156, or 1842(j)(2) of the Social Security
				  Act;
(5) the applicant or a
				  controlling person of the applicant is listed on:
(A) the HHSC employee misconduct registry as
				  unemployable;
(B) the HHSC nurse
				  aide registry as revoked or suspended;
(C) the United States System for Award
				  Management maintained by the General Services Administration;
(D) the LEIE maintained by the United States
				  Department of Health and Human Services, Office of Inspector General;
(E) the LEIE maintained by the HHSC Office of
				  Inspector General;
(F) the Debarred
				  Vendor List maintained by the Texas Comptroller of Public Accounts and the
				  period of debarment has not expired; or
(G) the HHS list of exclusions;
(6) the applicant has not
				  submitted a completed application packet as required by §
											49.203
				  of this subchapter (relating to Provisional Contract Application
				  Process);
(7) the applicant does
				  not have a license, certification, accreditation, or other document required by
				  §
											49.205
				  of this subchapter (relating to License, Certification, Accreditation, and
				  Other Requirements);
(8) the
				  applicant is applying because of a change of ownership or a change of legal
				  entity and HHSC has denied the application for change of ownership of any
				  license required to be a contractor as described in §
											49.205
				  of this subchapter;
(9) the
				  applicant or a controlling person of the applicant is ineligible to contract
				  with HHSC in accordance with §
											49.206
				  of this subchapter (relating to Ineligibility Due to Criminal
				  History);
(10) the applicant or a
				  controlling person of the applicant is prohibited from contracting with HHSC in
				  accordance with Chapter 79, Subchapter S, of this title (relating to
				  Contracting Ethics);
(11) the
				  applicant does not meet a requirement described in §
											49.204
				  of this subchapter (relating to Additional Provisional Contract Application
				  Requirements);
(12) a DSA in the
				  CLASS Program is applying to be a CMA in the CLASS Program in the same
				  catchment area in which the applicant is a DSA;
(13) a CMA in the CLASS Program is applying
				  to be a DSA in the CLASS Program in the same catchment area in which the
				  applicant is a CMA;
(14) the
				  applicant is applying to be a DSA and CMA in the CLASS Program in the same
				  catchment area;
(15) the applicant
				  is required to register with the Texas Secretary of State and the applicant's
				  status with the Texas Secretary of State is not "in existence"; or
(16) the applicant is required to pay Texas
				  franchise tax and the applicant's right to transact business status with the
				  Texas Comptroller of Public Accounts is not "active."