26 Tex. Admin. Code § 52.29 - Provisional Contract Application Process

(a) To apply for a provisional contract, an applicant must:

(1) if required by HHSC as stated on the HHSC website, complete HHSC pre-application orientation (PAO) and training in accordance with the instructions on the HHSC website before submitting an application packet to HHSC as described in paragraph (3) of this subsection;

(2) if applying for a Title XX HDM contract, obtain written approval from HHSC staff in the region in which the applicant is seeking to provide services regarding budgetary issues and health inspections before submitting an application packet to HHSC as described in paragraph (3) of this subsection; and

(3) submit an application packet that contains:

(A) an HHSC provisional contract application completed in accordance with the application instructions;

(B) other documents required by the application instructions including:

(i) if required to complete PAO or training, a certificate of completion of the PAO or training issued by HHSC;

(ii) if the applicant is applying not because of a change of ownership as described in § 49.210 of this subchapter (relating to Contractor Change of Ownership or Legal Entity), a copy of any document required to be a contractor as described in § 49.205 of this subchapter (relating to License, Certification, Accreditation, and Other Requirements);

(iii) if the applicant is applying because of a change of ownership or because of a change of legal entity as described in § 49.210 of this subchapter, a copy of the application for change of ownership of any license required to be a contractor as described in § 49.205 of this subchapter; and

(iv) if the applicant is not required to have a license issued by HHSC under § 49.205 of this subchapter, a written acknowledgement from the Texas Department of Public Safety that the applicant has requested, in accordance with the application instructions, a criminal history record be sent to HHSC for each controlling person of the applicant.

(b) An applicant must submit the completed application packet to HHSC in a timely manner as described in this subsection.

(1) An application packet must be delivered to HHSC, in accordance with the application instructions, by:

(A) the United States Postal Service, with a postmark bearing a date no later than 60 days after the applicant completed the PAO;

(B) a commercial carrier, with a receipt by the carrier showing it was given to the carrier no later than 60 days after the applicant completed the PAO; or

(C) hand delivery, no later than 60 days after the applicant completed the PAO.

(2) For purposes of paragraph (1)(B) and (C) of this subsection, if the 60th day is a day on which the HHSC office receiving the application packet is closed, the period extends through the end of the next day the office is open.

(c) If the applicant timely submits an incomplete or incorrect application packet, including failing to submit a required document, HHSC:

(1) requests, in writing, that the applicant submit a missing document; or

(2) returns a document to the applicant for correction or completion.

(d) HHSC gives an applicant only one opportunity to submit a missing document or to complete or correct a document in accordance with this subsection. An applicant must submit a missing, completed, or corrected document to HHSC in a timely manner as described in this subsection.

(1) A missing document must be delivered to HHSC, in accordance with HHSC instructions, by:

(A) the United States Postal Service, with a postmark bearing a date no later than 30 days after the date of HHSC's written request for a missing document;

(B) a commercial carrier, with a receipt by the carrier showing it was given to the carrier no later than 30 days after the date of HHSC's written request for a missing document; or

(C) hand delivery, fax, or e-mail no later than 30 days after HHSC's written request for a missing document.

(2) A properly completed or corrected document must be delivered to HHSC, in accordance with HHSC instructions, by:

(A) the United States Postal Service, with a postmark bearing a date no later than 30 days after the date of the letter from HHSC returning the incomplete or incorrect document;

(B) a commercial carrier, with a receipt by the carrier showing it was given to the carrier no later than 30 days after the date of the letter from HHSC returning the incomplete or incorrect document; or

(C) hand delivery, fax, or e-mail no later than 30 days after the date of the letter from HHSC returning the incomplete or incorrect document.

(3) For purposes of paragraphs (1)(B) and (C) and (2)(B) and (C) of this subsection, if the 30th day is a day on which the HHSC office receiving the missing, completed, or corrected document is closed, the period extends through the end of the next day the office is open.

Notes

26 Tex. Admin. Code § 52.29

Transferred from 40 TAC § 49.203 Texas Register, Volume 49, Number 13, March 29, 2024, TexReg 2091, eff. 4/29/2024