26 Tex. Admin. Code § 270.8 - Contracting Requirements
(a) To become a
provider agency, an applicant must:
(1) be
selected by DADS, through a request for proposals process, to submit an
application to CMS to become a provider agency;
(2) be approved by CMS as described in 42
CFR, Part 460, Subpart B to be a provider agency;
(3) enter into a program agreement with CMS
and DADS as described in 42 CFR, Part 460, Subpart C; and
(4) be licensed as an adult daycare
center.
(b) An applicant
that meets the requirements in subsection (a)(1) - (4) of this section must
apply for a PACE contract with DADS to provide PACE services in accordance with
§ 49.203 of this title (relating to Provisional Contract Application
Process), as if applying for a provisional contract. DADS approves or denies
the request for a contract in accordance with § 49.207 and § 49.208
of this title (relating to Provisional Contract Application Denial and
Provisional Contract Application Approval).
(c) A provider agency must:
(1) comply with provisions of this chapter
and 42 CFR, Part 460 ;
(2) meet all
applicable local, state, and federal regulations;
(3) maintain the program agreement;
and
(4) maintain licensure as an
adult daycare center.
(d)
The following apply to a provider agency's PACE contract as if the provider
agency is a contractor:
(1)
§ 49.210 of
this title (relating to Contractor Change of Ownership or Legal
Entity);
(2) Chapter 49, Subchapter
C of this title (relating to Requirements of a Contractor);
(3)
§ 49.413 of this title (relating to
Investigation);
(4)
§ 49.414
of this title (relating to Financial Review);
(5) Chapter 49, Subchapter E of this title
(relating to Enforcement by DADS and Termination by Contractor); and
(6) Chapter 49, Subchapter F of this title
(relating to Review by DADS of Expiring or Terminated Contract).
(e) At the end of the term of the
PACE contract, DADS may renew the PACE contract. If DADS does not renew the
PACE contract, DADS notifies the provider agency in writing.
(f) DADS terminates the PACE contract during
the contract term if the program agreement is terminated. DADS notifies the
provider agency in writing if a PACE contract is terminated.
Notes
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