26 Tex. Admin. Code § 52.313 - Recoupment
(a) A contractor is liable to HHSC for
amounts paid to the contractor for a service if the contractor has not complied
with contract requirements regarding a service claim or payment for a service,
including § 49.305 of this chapter (relating to Records), § 49.311 of
this chapter (relating to Claims Payment), and other HHSC rules governing
services provided under the contract.
(b) If a contractor is liable to HHSC in
accordance with subsection (a) of this section, HHSC may propose to recoup
funds for the amount due to HHSC.
(c) If HHSC proposes to recoup funds paid to
a contractor in accordance with subsection (b) of this section, HHSC notifies
the contractor of the proposed recoupment in writing before the effective date
of recoupment.
(d) HHSC recoups
funds paid to contractor on the date given in HHSC's notice of proposed
recoupment if:
(1) the contractor does not
appeal the proposed recoupment; or
(2) the contractor appeals the proposed
recoupment and the final decision from the administrative hearing is favorable
to HHSC.
Notes
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