<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 48COMMUNITY CARE FOR AGED AND DISABLED
SUBCHAPTER JCOMMUNITY BASED ALTERNATIVES (CBA) PROGRAM
RULE §48.6030Current Contractors--Home and Community Support Services Agencies

(a) Conflict of rules. Notwithstanding other department rules regarding termination, this section prevails.

(b) Voluntary termination of a contract. For a period of at least 12 months after a voluntary termination of a contract, the Texas Department of Human Services (DHS) will not recontract with the home and community support services agency (HCSSA) for Community Based Alternatives (CBA) services in the region covered by the terminated contract. At the end of the 12-month period, the HCSSA may apply for a provisional contract.

(c) Involuntary termination of a contract.

  (1) For a period of at least 24 months after a contract was involuntarily terminated, DHS will not enter into a CBA contract with:

    (A) the HCSSA anywhere in the state; or

    (B) any HCSSA with a person with a controlling interest, who also had a controlling interest in the HCSSA which was involuntarily terminated.

  (2) If a HCSSA contract is involuntarily terminated for failure to deliver community care services for six consecutive months, the HCSSA may not recontract with DHS to provide services in the region covered by its terminated contract for six months after the involuntary termination.

  (3) The involuntary termination of a CBA contract in one region will not automatically result in the involuntary termination of CBA contracts held by the same HCSSA in other regions. DHS will review the HCSSA's contracts in other programs/regions to determine if there is cause for further terminations.

  (4) If a HCSSA contract is involuntarily terminated, the HCSSA must demonstrate to DHS that the conditions which caused the involuntary termination have been resolved prior to entering into another contract.

(d) Reasons for termination. In addition to the reasons specified in §49.19(b)(3) of this title (relating to Sanctions), DHS may terminate the existing contract of a HCSSA if, in the preceding 12 months, the HCSSA had any Level II administrative penalties imposed by departmental order.

(e) Formal reviews. DHS will conduct a formal review of each HCSSA contract at least once every two years.


Source Note: The provisions of this §48.6030 adopted to be effective December 1, 2000, 25 TexReg 11081

Next Page Previous Page



Home TxReg TAC OM NewTac Public Footer Bar