reglab/statecodes huggingface dataset:
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 B - EARLY CHILDHOOD INTERVENTION (ECI) SERVICES › Section 392.111 - Data Collection and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The contractor must collect and report data as required by rules, the contract,
				  and in accordance with applicable instruction manuals. Data must be submitted
				  in the form, manner, and timeframe specified by DARS. Required data may
				  include: client data, including personally identifiable information regarding
				  children served or referred; services received by individual eligible children;
				  family information, including family size and income; service-provider
				  information, including information about the contractor's individual employees
				  or subcontractors; agency and contractor revenue and expenditure information;
				  and other information that might be determined necessary by DARS to perform the
				  contractor's legally authorized functions, including documentation of early
				  childhood intervention services planned and provided, billing and reimbursement
				  functions, and other purposes.
(b)
				  The contractor must report accurate client, service, and service provider
				  information to DARS through TKIDS.
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 C - AUTISM PROGRAM › Section 392.201 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Adjusted gross
				  income--The gross income of the family, as defined in this section, minus
				  allowable deductions. Adjusted income is used to determine a family's monthly
				  cost share.
(2) Allowable
				  deductions--Expenses that are not reimbursed by other sources. Allowable
				  deductions are limited to:
(A) the actual
				  medical or dental expenses of the parent or dependent that are primarily
				  related to alleviating or preventing a physical or mental defect or illness,
				  were paid over the previous 12 months, are expected to continue during the
				  eligibility period, and are limited to the cost of:
(i) diagnosis, cure, alleviation, treatment,
				  or prevention of disease;
(ii)
				  treatment of any affected body part or function;
(iii) legal medical services delivered by
				  physicians, surgeons, dentists, and other medical practitioners;
(iv) medication, medical supplies, and
				  diagnostic devices;
(v) premiums
				  paid for insurance that covers the expenses of medical or dental
				  care;
(vi) transportation to
				  receive medical or dental care; and
(vii) medical or dental debt that is being
				  paid on an established payment plan;
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 C - AUTISM PROGRAM › Section 392.203 - Staff Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  contractor must have a program manager who provides the supervision of the
				  staff and oversight of the assessment and treatment of children. The program
				  manager must have:
(1) a master's or doctoral
				  degree from an accredited institution of higher education in psychology,
				  behavior analysis, or a related field;
(2) documented graduate-level coursework in
				  behavioral assessment and intervention, selecting outcomes and strategies,
				  behavior change procedures, experimental methods, and measuring and
				  interpreting behavioral data;
(3)
				  at least one year of experience in providing services to children within the
				  age range of 3 through 15 years of age with diagnoses on the autism
				  spectrum;
(4) knowledge of typical
				  child development for children 3 through 15 years of age; and
(5) a BCBA or BCBA-D certification.
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 C - AUTISM PROGRAM › Section 392.205 - Criminal Background Checks

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  contractor must complete a fingerprint-based review of national criminal
				  history records on any employee, volunteer, or other person who will have
				  direct contact with children and families served by the DARS Autism
				  Program.
(b) Offenses that
				  disqualify an employee, volunteer, or other person who will have direct contact
				  with children and families served are outlined in the contracts established
				  between DARS and its contractors.
(c) With written approval from DARS, the
				  contractor may conduct an evaluation of risk on a person to determine the
				  person's suitability for employment despite a minor criminal history
				  finding.
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 C - AUTISM PROGRAM › Section 392.207 - Safety

Current through Reg. 49, No. 28; July 12, 2024
The contractor must maintain an emergency evacuation plan
					 at the contractor's service site that complies with all applicable local,
					 state, and federal laws, rules, and regulations governing provision of services
					 under this chapter. The contractor will inform the family when any emergency
					 situation arises with the child.
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 392.301 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to establish general
					 contracting rules for consumer goods and services contracts with the Texas
					 Department of Assistive and Rehabilitative Services (DARS).
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 392.307 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
Upon request from the consumer, the contractor must notify
					 the consumer of the name, mailing address, and telephone number of DARS for the
					 purpose of directing complaints.
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 392.309 - Record Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  contractor must maintain all financial and contract-related records:
(1) according to recognized fiscal and
				  accounting practices such as Generally Accepted Accounting Principles (GAAP);
				  and
(2) in accordance with the DARS
				  or HHSC contract requirements, rules, policies and procedures.
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 392.311 - Access to Contractor Facilities and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Contractors must allow DARS and HHSC and
				  all appropriate federal and state agencies or their representatives access to
				  contractor facilities to examine and copy contract records and supporting
				  documents about services provided. The contractors and subcontractors must make
				  the records available at reasonable times and for reasonable periods.
(b) If a contractor is terminating business
				  operations, the contractor must ensure that:
(1) records are stored and accessible;
				  and
(2) someone is responsible for
				  adequately maintaining the records.
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 392.313 - Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) Any service
				  purchased or reimbursed by DARS may be monitored at the discretion of DARS or
				  HHSC.
(b) DARS and HHSC may conduct
				  compliance monitoring reviews of the contractor's services to determine if the
				  contractor is in compliance with the contract and with program rules and
				  requirements. These reviews are conducted at the location where the contractor
				  is providing the services unless DARS or HHSC specifies a different location.
				  DARS and HHSC assess contractor performance based on contract
				  standards.
(c) During the
				  monitoring review, the contractor must provide:
(1) adequate working space for reviewing the
				  records;
(2) every record DARS or
				  HHSC requests for review; and
(3)
				  copies, or access for DARS and HHSC staff to make needed copies, of
				  documents.
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 392.315 - Corrective Action Plan

Current through Reg. 49, No. 28; July 12, 2024
The contractor must prepare and implement a corrective
					 action plan in response to findings of deficiencies by DARS or HHSC or other
					 federal or state oversight authorities. The corrective action plan must be
					 negotiated to the satisfaction of DARS and HHSC. DARS or HHSC may subsequently
					 monitor and document the contractor's compliance with the corrective action
					 plan.
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 392.317 - Adverse Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS or HHSC
				  may impose an adverse action when the contractor fails to follow the terms of
				  the contract or fails to comply with DARS or HHSC rules, policies, and
				  procedures. DARS or HHSC may impose adverse actions for reasons including:
(1) DARS' or HHSC's determination that
				  consumer health and safety is jeopardized;
(2) the contractor's failure to comply with
				  its corrective action plan;
(3) the
				  contractor's failure to follow an agreed-upon audit resolution payment
				  plan;
(4) the contractor's failure
				  to submit an acceptable cost report, if applicable;
(5) the contractor's failure to comply with
				  the contract or program requirements;
(6) the contractor's failure to maintain a
				  current required license or the contractor allowing the expiration of any
				  required license, if applicable;
(7) the contractor's relocation to a new
				  facility address that does not have the appropriate license, if
				  applicable;
(8) the contractor's
				  exclusion from contracting with DARS, any health and human services program, or
				  the federal government; or
(9)
				  validated report(s) of abuse, neglect, or exploitation when the perpetrator is
				  an owner, employee, or volunteer who has direct access to consumers.
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 392.319 - Debarment and Suspension of Current and Potential Contractor Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirements in this section apply to all
				  types of contracts with DARS.
(b)
				  Debarment is the termination of rights to continue an existing contract, to
				  receive a new contract, to participate as a contractor or manager, to provide
				  goods or services to DARS consumers either directly or indirectly while working
				  for a DARS or HHSC contractor, or to make a bid, offer, application, or
				  proposal for a DARS or HHSC contract. The debarment is for a specified time
				  commensurate with the seriousness of the violation, the extent of the
				  violation, prior impositions of sanctions or penalties, willingness to comply
				  with program rules and directives, and other pertinent information. Generally,
				  debarment does not exceed six years. Where conditions warrant, a longer period
				  may be imposed.
(c) Suspension is
				  the temporary suspension of a contractor's or potential contractor's rights to
				  conduct business with DARS or HHSC. A suspension is in effect until an
				  investigation, hearing, or trial is concluded and DARS can make a determination
				  about:
(1) the contractor's future right to
				  contract or subcontract; or
(2) a
				  potential contractor's future right to have DARS or HHSC consider its offer,
				  bid, proposal, or application.
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 392.321 - Causes and Conditions of Debarment

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS or HHSC may remove contractual
				  rights from an individual, a corporation, a partnership, or a division of a
				  contractor or legal entity for causes including the following:
(1) being found guilty, pleading guilty,
				  pleading nolo contendere, or receiving a deferred adjudication in a criminal
				  court relating to:
(A) obtaining, attempting
				  to obtain, or performing a public or private contractor subcontract;
(B) engaging in embezzlement, theft, forgery,
				  bribery, falsification or destruction of records, fraud, receipt of stolen
				  property, or any other offense indicating moral turpitude or a lack of business
				  integrity or honesty;
(C) being
				  involved with dangerous drugs, controlled substances, or other drug-related
				  offense;
(D) violating federal
				  antitrust statutes;
(E) committing
				  an offense involving physical or sexual abuse or neglect;
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 392.323 - Causes and Conditions of Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS or HHSC may suspend a contractor's
				  or potential contractor's contractual rights whenever DARS or HHSC finds that
				  there is a reasonable basis to believe that grounds for debarment exist.
				  Suspension may be imposed immediately following DARS' or HHSC's notification to
				  a contractor or potential contractor. In addition, suspension may be imposed on
				  a potential contractor if the contractor has an outstanding indictment or DARS
				  or HHSC has information about an offense that is grounds for
				  indictment.
(b) The conditions of
				  suspension are:
(1) DARS or HHSC may withhold
				  payments, wholly or partly, to the affected contractor during the period of
				  suspension.
(2) DARS or HHSC may
				  refuse to accept a bid, offer, application, or proposal from, or to award a
				  contract to, the affected potential contractor during the period of
				  suspension.
(3) DARS or HHSC may
				  cease referrals of additional consumers to the suspended entity and may
				  transfer existing consumers to other contractors.
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 392.325 - Evidence for Debarment or Suspension

Current through Reg. 49, No. 28; July 12, 2024
The sufficiency of evidence required depends on the cause
					 of the suspension or debarment.
(1) If
				  there is evidence that the contractor or potential contractor has been found
				  guilty, pleaded guilty, pleaded no contest, or received a deferred adjudication
				  in criminal court relating to an activity prohibited in this chapter, that is
				  sufficient evidence to suspend or debar. If the decision that caused debarment
				  is reversed on appeal, the contractor must provide written proof of the
				  reversal to have its contract rights restored. DARS or HHSC restores contract
				  rights unless the contractor is also debarred or suspended on other
				  grounds.
(2) If the cause is
				  debarment from contracting by any unit of the federal government or any unit of
				  a state government, it is sufficient to offer official notice from the other
				  state or federal agency that the entity has been debarred. The notice may be
				  addressed to either DARS or HHSC.
(3) Other causes of debarment or suspension
				  may be established by evidence of failure to meet contracting terms or
				  standards, including evidence of the severity or recurrence of violations of
				  performance requirements.
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 392.327 - Notice for Debarment or Suspension

Current through Reg. 49, No. 28; July 12, 2024
Written notices of suspension or debarment must include the
					 following, as applicable:
(1) the
				  grounds for the action;
(2) the
				  length of the debarment;
(3) the
				  conditions that might cause a suspension to be released;
(4) a statement explaining the effect of the
				  suspension or debarment; and
(5) a
				  statement of whether the suspension or debarment is in effect throughout DARS
				  or just in a particular DARS program.
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 392.329 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor has the right to appeal any
				  adverse action imposed by DARS.
(b)
				  To appeal an adverse action, the contractor, referred to in this subchapter as
				  the appellant, must ensure that DARS receives a written request for an appeal
				  within 30 days of the contractor's receipt of the notice of adverse
				  action.
(c) The appellant must
				  ensure that the request for an appeal:
(1)
				  clearly states that the purpose of the letter is to appeal DARS' adverse
				  action;
(2) is received by DARS at
				  the address provided in the notice of adverse action letter;
(3) is received by DARS according to time
				  frames provided in this section; and
(4) includes all required information and
				  documentation as outlined in this section.
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 392.331 - Request for Reconsideration

Current through Reg. 49, No. 28; July 12, 2024
(a) After
				  DARS issues a decision on an appeal, the appellant may submit in writing a
				  request for reconsideration.
(b) An
				  appellant may submit a request for reconsideration only if the appellant's
				  request for an appeal met the requirements set out in § 392.329 of this
				  subchapter (relating to Appeals).
(c) Requests for reconsideration must be
				  addressed to the DARS commissioner and must be received by DARS within 20 days
				  after the date DARS issues the decision on the appeal.
(d) The DARS commissioner may designate a
				  representative(s) to receive the request for reconsideration and issue a
				  decision on behalf of DARS.
(e) The
				  request for reconsideration must:
(1) clearly
				  state that the purpose of the letter is to request reconsideration of DARS'
				  decision on an appeal;
(2)
				  specifically point out any errors in the appeal decision;
(3) specify all relief requested;
				  and
(4) state all reasons why the
				  relief should be granted.
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 E - CONTRACT MANAGEMENT FOR DSHS FACILITIES AND CENTRAL OFFICE › Section 392.401 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  purpose of this subchapter is to provide rules governing the management of
				  contracts by Texas Department of State Health Services (DSHS) facilities and
				  Central Office.
(b) This subchapter
				  does not apply to:
(1) Medicaid provider
				  contracts; or
(2) leases or
				  contracts for sale of real property.
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 E - CONTRACT MANAGEMENT FOR DSHS FACILITIES AND CENTRAL OFFICE › Section 392.403 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Best value--The optimum
				  combination of economy and quality that is the result of fair, efficient, and
				  practical procurement decision-making and that achieves health and human
				  services procurement objectives as described in Texas Government Code, §
										RSA
				  2155.144.
(2) Business entity--A sole proprietorship,
				  including an individual, partnership, firm, corporation, holding company,
				  joint-stock company, receivership, trust, or any other entity recognized by
				  law.
(3) Central Office--DSHS's
				  administrative offices in Austin.
(4) Consultant contract--A contract to retain
				  the services consistent with Texas Government Code, Chapter 2254, Subchapter B,
				  to exclude:
(A) practitioners of professional
				  services (as defined in this section);
(B) private legal counsel;
(C) investment counselors;
(D) actuaries; or
(E) medical or dental services
				  providers.
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 E - CONTRACT MANAGEMENT FOR DSHS FACILITIES AND CENTRAL OFFICE › Section 392.405 - Accountability

Current through Reg. 49, No. 28; July 12, 2024
(a) DSHS employees and officers may not have
				  a conflict of interest in contracts management. An employee or officer has a
				  conflict of interest when the employee, officer, or a person related within the
				  second degree of consanguinity or affinity to the employee or officer, intends
				  to have or has:
(1) actual employment with a
				  respondent or contractor;
(2) paid
				  consultation with a respondent or contractor;
(3) membership on a respondent's or
				  contractor's board of directors;
(4) ownership of 10% or more of the voting
				  stock of shares of a respondent or contractor;
(5) ownership of 10% or more or $5,000 or
				  more of the fair market value of a respondent or contractor; or
(6) received funds from a respondent or
				  contractor in excess of 10% of the employee's, officer's, or related person's
				  gross income for the previous year.
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 E - CONTRACT MANAGEMENT FOR DSHS FACILITIES AND CENTRAL OFFICE › Section 392.407 - Provisions for Certain Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  consumer services contracts must include provisions stating:
(1) the clearly defined performance
				  expectations which directly relate to the community service's objectives,
				  including goals, outputs, and measurable outcomes, and that the contractor must
				  provide services in accordance with such expectations;
(2) that no consumer will be excluded from
				  participation in, denied the benefits of, or unlawfully discriminated against,
				  in any program or activity funded by the contract on the grounds of race,
				  color, national origin, religion, sex, age, disability, or political
				  affiliation in accordance with applicable law;
(3) that all consumer-identifying information
				  will be maintained by the contractor as confidential, in accordance with
				  applicable law;
(4) that the
				  contractor, its licensed staff, and other appropriate staff (as identified in
				  the contract) will be credentialed before services are delivered to consumers
				  by such contractor and staff;
(5)
				  that any allegation of abuse, neglect, or exploitation of consumers under the
				  contract will be reported in accordance with applicable law, DSHS rules, and
				  Texas Department of Family and Protective Services rules;
(6) that AIDS/HIV workplace guidelines,
				  similar to those adopted by DSHS and AIDS/HIV confidentiality guidelines and
				  consistent with state and federal law, will be adopted and implemented by the
				  contractor;
(7) that the contractor
				  will comply with relevant DSHS rules, certifications, accreditations, and
				  licenses, as specified in the contract;
(8) that any allegation involving the
				  clinical practice of a physician, dentist, registered nurse, or licensed
				  vocational nurse, be referred to the contractor's medical, dental, or nursing
				  director (as appropriate to the discipline involved) for review for possible
				  peer review and reporting to disciplinary boards; and
(9) the accounting, reporting, and auditing
				  requirements with which the contractor must comply.
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 E - CONTRACT MANAGEMENT FOR DSHS FACILITIES AND CENTRAL OFFICE › Section 392.409 - Performance Contracts and Ownership of Goods

Current through Reg. 49, No. 28; July 12, 2024
(a) If a performance contract provision
				  requires the local authority to acquire a good through a subcontract, then the
				  performance contract provision must identify the local authority or DSHS as the
				  owner of the good.
(b) If a
				  performance contract provision requires the local authority to subcontract with
				  a business entity to develop or create intellectual property (e.g., computer
				  software), then the performance contract provision must state the requirements
				  to be included in the subcontract that relate to:
(1) ownership of the intellectual
				  property;
(2) DSHS's and/or the
				  local authority's right to use, modify, reproduce, or disseminate the
				  intellectual property to others; and
(3) indemnity of the local authority and DSHS
				  should the subcontractor violate the intellectual property rights of a third
				  party.
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 F - CONTRACT MANAGEMENT FOR SUBSTANCE ABUSE PROGRAMS › Section 392.501 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to provide criteria for
					 the procurement of all substance abuse programs funded by DSHS, as required by
					 Texas Health and Safety Code §
										RSA
					 461.0141.
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 F - CONTRACT MANAGEMENT FOR SUBSTANCE ABUSE PROGRAMS › Section 392.503 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The words and terms used in this subchapter shall have
					 meanings set forth in Title 25, Part 1, Chapter 441, Subchapter A (relating to
					 Definitions) unless indicated otherwise.
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 F - CONTRACT MANAGEMENT FOR SUBSTANCE ABUSE PROGRAMS › Section 392.505 - Allocation of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Funds available
				  for regional services will be allocated for each of the 11 Health and Human
				  Services (HHS) regions through an approved statewide funding
				  methodology.
(b) DSHS will
				  establish terms and conditions needed to fulfill State and Federal funding
				  mandates.
(c) DSHS will develop
				  goals and identify services to be purchased based on its statewide service
				  delivery plan as well as input from other interested parties.
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 F - CONTRACT MANAGEMENT FOR SUBSTANCE ABUSE PROGRAMS › Section 392.507 - Competitive Procurement of Client Services

Current through Reg. 49, No. 28; July 12, 2024
DSHS will fund substance abuse services through competitive
					 and noncompetitive procedures in accordance with Texas Health and Safety Code
					 §
										RSA
					 461.0141.
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 F - CONTRACT MANAGEMENT FOR SUBSTANCE ABUSE PROGRAMS › Section 392.509 - Eligibility Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) An application
				  shall not be considered for competitive funding unless the applicant meets the
				  following criteria on the application due date and continues to meet them
				  throughout the selection and funding process.
(1) The applicant shall be established as a
				  legal entity under State statutes and regulations.
(2) The applicant shall be in compliance with
				  any Commission agreed order.
(3)
				  The applicant shall be registered to do business in Texas and shall have a
				  Texas address. A post office box address may be used when the application is
				  submitted, but the applicant must be able to conduct business out of a physical
				  location in Texas before funds will be released.
(4) Staff members, including the executive
				  director, of a public or nonprofit entity shall not serve on their employer's
				  governing board.
(5) The applicant
				  shall be in good standing with any State or Federal agency that has a
				  contracting relationship with the applicant. If a State or Federal agency has
				  suspended or terminated an applicant's contract for deficiencies in performance
				  of the contract, that applicant is not eligible to apply through a RFP unless
				  all issues have been satisfactorily resolved as demonstrated by written
				  documentation from the State or Federal agency. Additionally, an applicant is
				  not eligible if it is debarred from participation in any Federal assistance
				  program.
(6) Applicants that have
				  previously been funded by DSHS shall be in compliance with the following
				  requirements:
(A) If the applicant has been
				  suspended or terminated by DSHS at any time in the past, all issues shall be
				  satisfactorily resolved (demonstrated by written documentation from
				  DSHS).
(B) If the applicant owes a
				  refund to DSHS, the applicant shall be on schedule with the terms of the
				  repayment agreement or shall have satisfactorily discharged the financial
				  obligation.
(C) The applicant shall
				  have submitted an annual audit as required by the grant agreement or contract
				  and either corrected all deficiencies or submitted and maintained compliance
				  with a corrective action plan that DSHS has accepted.
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 F - CONTRACT MANAGEMENT FOR SUBSTANCE ABUSE PROGRAMS › Section 392.511 - Policy and Procedures Manuals

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  DSHS must maintain a funding policy manual pursuant to Texas Health and Safety
				  Code §
										RSA
				  461.0142.
(b) DSHS must require contractors to maintain
				  an up-to-date manual that includes all policies and procedures required by
				  DSHS's funding policy manual.
(1) Policies
				  shall be approved by the board, reviewed periodically, and revised as
				  needed.
(2) Procedures shall be
				  approved by the chief executive officer, reviewed periodically, and revised as
				  needed.
(3) The policy and
				  procedures manual shall be current, consistent with current Commission rules,
				  individualized to the program, well organized, and easily accessible to all
				  staff at all times.
(4) Contractors
				  shall require each employee to read the policies and procedures applicable to
				  the position and maintain documentation signed by the employee that the
				  policies and procedures have been read and understood.
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 G - CONTRACTING WITH PROVIDERS FOR CERTAIN DSHS PROGRAMS › Section 392.601 - Provision of Contracts for Primary Health Care Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Primary health care services, as
				  described in Title 25, Part 1, Chapter 39 (relating to Primary Health Care
				  Services Program) will be delivered through a network of contractors.
(b) Services may be limited as to frequency,
				  duration, and cost for budgetary and administrative reasons.
(c) In order to conserve funds and
				  effectively administer the program, the department shall contract on a Request
				  for Proposal basis for primary health care services.
(d) The Department of State Health Services
				  (DSHS) shall publish public notice of Requests for Proposal, release the
				  applications, and select providers in accordance with state law and department
				  policy.
(e) DSHS may deny, modify,
				  suspend, or terminate the approval of providers for submitting false or
				  fraudulent claims or failing to provide and maintain quality services according
				  to medically acceptable standards. A provider's performance under its contract
				  may subject the provider to review, fraud referral to the appropriate
				  authority, and/or administrative sanctions.
(f) An applicant and/or a current contractor
				  who is aggrieved in connection with the award of a department contract to
				  provide primary health care services may file a protest in accordance with DSHS
				  policy.
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 G - CONTRACTING WITH PROVIDERS FOR CERTAIN DSHS PROGRAMS › Section 392.603 - Provider Application and Contract to Provide FFS Oral Health Treatment Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A prospective
				  provider who meets the criteria to provide fee-for-service (FFS) oral health
				  treatment services, as described in Title 25, Part 1, §49.10 (relating to
				  Provider Participation Requirements to Provide FFS Oral Health Treatment
				  Services), is eligible to contract with the Department of State Health Services
				  to provide oral health treatment benefits. To apply for program participation,
				  a prospective provider must, after receiving information on the program
				  including the schedule of current fees, sign a contract with DSHS. After the
				  contract is properly executed, the prospective provider will be provided
				  written notice of approval to participate in the FFS program and a copy of the
				  program manual.
(b) The contract
				  between the provider and DSHS may be terminated without cause by either party
				  with a 30-day written notice. DSHS may modify, suspend, or terminate the
				  contract of any provider for due cause. Due cause includes but is not limited
				  to:
(1) breach of contract;
(2) suspension or revocation of the
				  provider's license by the Texas State Board of Dental Examiners
				  (TSBDE);
(3) disciplinary action(s)
				  taken by the TSBDE;
(4) submission
				  of false or fraudulent claims;
(5)
				  amendment or judicial interpretation of federal or state laws or other
				  requirements in a way that would make it infeasible or impossible for either
				  party to fulfill the agreement, or if either party is unable to agree on
				  changes necessary for continuation of the agreement;
(6) any violation of policies, procedures,
				  rules, or requirements; or
(7) any
				  other reason authorized by rule, regulation, statute, or contract.
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 G - CONTRACTING WITH PROVIDERS FOR CERTAIN DSHS PROGRAMS › Section 392.605 - Kidney Health Care Provider Requirements and Effective Dates

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The terms in this section
				  have the same meaning as those defined in Title 25, Part 1, §61.2
				  (relating to Definitions).
(b)
				  Requirements. To qualify as a provider for the Kidney Health Care (KHC)
				  program, as described in Title 25, Part 1, Chapter 61, Subchapter A (related to
				  Kidney Health Care), a provider must do as follows.
(1) Outpatient dialysis facilities must:
(A) execute an agreement with the
				  program;
(B) have Medicare
				  certification and a Medicare End-Stage Renal Disease (ESRD) provider
				  number;
(C) be a current Texas
				  Medicaid provider;
(D) be licensed
				  by the department as an ESRD facility;
(E) reimburse the program for any
				  overpayments upon request; and
(F)
				  not be on suspension as a KHC provider, as a Texas Medicaid provider, as a
				  Medicare certified ESRD facility, or as a licensed Texas ESRD
				  facility.
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 G - CONTRACTING WITH PROVIDERS FOR CERTAIN DSHS PROGRAMS › Section 392.607 - Breast and Cervical Cancer Services Provider Applicant Requirements

Current through Reg. 49, No. 28; July 12, 2024
To be funded to provide Breast and Cervical Cancer
					 Services, as those services are described in Title 25, Part 1, Chapter 61,
					 Subchapter C (relating to Breast and Cervical Cancer Services), applicants
					 shall demonstrate:
(1) evidence of a
				  population in need;
(2) evidence of
				  ability to contact and serve priority populations;
(3) evidence of ability to comply with
				  tracking, follow-up, and reporting requirements;
(4) evidence of ability to comply with
				  quality assurance standards;
(5)
				  evidence of identified local diagnostic and treatment resources;
(6) evidence of intent to comply with DSHS
				  screening policies and guidelines;
(7) evidence of ability to apply financial
				  eligibility standards;
(8) evidence
				  of ability to comply with all other department standards, policies, and
				  requirements; and
(9) evidence that
				  Breast and Cervical Cancer Services funds will not be used to supplant existing
				  funding for similar services.
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 H - DFPS CONTRACTED SERVICES › Section 392.701 - Advanced Payment for Contracted Social Services

Current through Reg. 49, No. 28; July 12, 2024
DFPS may make advance payments to contractors for
					 contracted social services subject to the following limitations:
(1) Funds designated for advance payments
				  must be available for DFPS to make advance payments to contractors.
(2) The contractor must use the advance
				  payments for operating expenses allowed under an existing DFPS
				  contract.
(3) A contract must be in
				  effect before DFPS makes an advance payment.
(4) The advance payment for each contract is
				  based on need and must not be more than 15% of the contractors' total
				  compensation from DFPS under the contract.
(5) DFPS may adjust the advance payment
				  amount based on the contractor's cash outflow and service level
				  variations.
(6) The contractor must
				  liquidate the advance payment either at the end of each contract period
				  consistent with the terms of each specific contract or at other times
				  determined necessary by DFPS. The contract period begins with the contract's
				  effective date and ends with its termination date.
(7) DFPS will not make advance payments to a
				  contractor if the contractor has not liquidated the advance payment for the
				  previously contracted period according to the terms of the contract.
(8) DFPS may impose additional limitations if
				  the limitations do not conflict with this section.
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 H - DFPS CONTRACTED SERVICES › Section 392.703 - Unsolicited Proposals for Community-Based Care Services

Current through Reg. 49, No. 28; July 12, 2024
(a) As provided by
				  §
										264.157 of the Texas
				  Family Code, the Texas Department of Family and Protective Services (DFPS)
				  accepts and evaluates unsolicited proposals from entities based in this state
				  to provide community-based care services in a geographic service area where
				  DFPS has not implemented community-based care.
(b) An unsolicited proposal for
				  community-based care services must:
(1)
				  demonstrate the entity meets the criteria for community-based care services as
				  described in Texas Family Code, Chapter 264, Subchapter B-1;
(2) demonstrate the entity has established
				  connections to the area the entity proposes to serve; and
(3) comply with applicable state procurement
				  laws and rules.
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 I - DARS CONTRACTS FOR DEAF AND HARD OF HEARING › Section 392.801 - Contracts for Deaf and Hard of Hearing Services

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule only applies to contracts or
				  grants issued for the Office for Deaf and Hard of Hearing Services.
(b) Before DARS or HHSC contracts with or
				  provides a grant to an agency, organization, or individual to provide direct
				  services to persons who are deaf or hard of hearing, DARS or HHSC makes
				  reasonable efforts to notify all potential service providers of the
				  availability and purpose of the contract or grant.
(c) The notice includes a request that all
				  interested service providers submit within a specified period a contract or
				  grant proposal for DARS' of HHSC's consideration. The notice also states the
				  criteria that DARS or HHSC will consider in determining which applicant will be
				  awarded the contract or grant.
(d)
				  DARS and HHSC review all proposals submitted under this section and awards the
				  contract or grant to the applicant that is best able to provide the needed
				  services. DARS or HHSC may not award contracts or grants to a former employee
				  of the Office for Deaf and Hard of Hearing Services within two years after the
				  person's employment with the Office ceased.
(e) To ensure an equitable distribution of
				  contract or grant funds, DARS has developed a formula to divide those funds
				  among the agencies, organizations, or individuals that are awarded the
				  contracts or grants.
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 J - INDEPENDENT LIVING SERVICES PROGRAM CONTRACTS › Section 392.901 - Independent Living Services Program Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
				  in this section, have the following meanings:
(1) CIL--A center for independent living as
				  defined under Texas Human Resources Code §
											RSA
				  117.001(1-a).
(2) HHSC--The Texas Health and Human Services
				  Commission or its designee.
(3)
				  Program--The independent living services program pursuant to Texas Human
				  Resources Code §
											RSA
				  117.079.