Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 2 - LOCAL AUTHORITY RESPONSIBILITIES › Subchapter B - CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES › Section 2.57 - Provisions for Community Services Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) The local authority must ensure that all
				  its community services contracts are consistent with the local authority's
				  performance contract and with the model contracts designed by TDMHMR as
				  required by the Texas Health and Safety Code, §
										534.055(c).
(b) The local authority must include in all
				  of its community services contracts that are funded by TDMHMR provisions
				  stating:
(1) the contract term;
(2) the community service(s) to be
				  purchased;
(3) the identification
				  of all parties;
(4) the total
				  allowable payment or, if the community service is procured through open
				  enrollment or is on a capitated basis, the rate of payment;
(5) the method of payment;
(6) that the contractor must comply with all
				  applicable federal and state laws, rules, and regulations, including:
(A) Title VI of the Civil Rights Act of
				  1964;
(B) Section 504 of the
				  Rehabilitation Act of 1973;
(C) the
				  Americans with Disabilities Act of 1990 (ADA); and
(D) the Age Discrimination in Employment Act
				  of 1967;
(7) that if, as
				  a result of a change to a TDMHMR rule or state or federal law, the contractual
				  obligations of the contractor are materially changed or a significant financial
				  burden is placed on the contractor, then the parties may renegotiate in good
				  faith to amend the contract;
(8)
				  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, ethnicity, national origin,
				  religion, sex, age, disability, or political affiliation in accordance with
				  applicable laws;
(9) that all
				  documents pertinent to the contract, including consumer records, will be
				  retained by the contractor for a period of five years;
(10) that all consumer-identifying
				  information will be maintained by the contractor as confidential in accordance
				  with applicable law and Chapter 414, Subchapter A of this title (relating to
				  Client-Identifying Information);
(11) that the contractor, its licensed staff,
				  and other appropriate staff (such as QMHP-CS) will be credentialed before
				  services are delivered to consumers by such contractor and staff;
(12) a dispute resolution process;
(13) 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;
(14) that any allegation of abuse, neglect,
				  or exploitation of a consumer under the contract will be reported in accordance
				  with applicable law, TDMHMR rules, and Texas Department of Protective and
				  Regulatory Services rules;
(15)
				  that AIDS/HIV workplace guidelines, similar to those adopted by TDMHMR and
				  AIDS/HIV confidentiality guidelines and consistent with state and federal law,
				  will be adopted and implemented by the contractor;
(16) that the contractor will comply with the
				  relevant TDMHMR rules, certifications, accreditations, and licenses, that are
				  specified in the contract;
(17)
				  that services will be provided in accordance with consumers' treatment
				  plans;
(18) that pursuant to Texas
				  Health and Safety Code, §
											534.061,
				  TDMHMR, the local authority, and their designees, including independent
				  financial auditors, shall have, with reasonable notice, unrestricted access to
				  all facilities, records, data, and other information under the control of the
				  contractor as necessary to enable the local authority to audit, monitor, and
				  review all financial and programmatic activities and services associated with
				  the contract;
(19) any sanctions
				  and remedies the local authority may take in response to the contractor's
				  failure to comply with the contract provisions; and
(20) that the contractor will immediately
				  notify the local authority of any change, or potential change, in its status
				  that could affect its inclusion in the provider network.