26 Tex. Admin. Code § 52.702 - Application Denial Period
(a) If HHSC
decides not to offer a standard contract to a contractor, as described in
§ 49.561 of this chapter (relating to HHSC Does Not Offer a Standard
Contract), HHSC sets an application denial period for the contractor or
controlling person of the contractor that applies:
(1) to all programs and services;
and
(2) for a period of time
determined by HHSC, but no less than 12 months after the date the previous
contract expires.
(b) If
HHSC terminates a contract for the contractor's failure to provide services for
12 consecutive months, as required by § 49.534(a)(2)(A) of this chapter
(relating to Termination of Contract by HHSC), HHSC sets an application denial
period for the contractor or controlling person of the contractor that applies:
(1) to the same program or service as the
terminated contract; and
(2) for 12
months after the date of termination.
(c) If HHSC terminates a contract for a
reason other than the contractor's death or the contractor's failure to provide
services for 12 consecutive months, HHSC sets an application denial period for
the contractor or controlling person of the contractor that applies:
(1) to all programs and services;
and
(2) for a period of time
determined by HHSC, but no less than 12 months after the date of
termination.
(d) If a
contractor does not enter into a standard contract or terminates its contract
in accordance with the contract, including § 49.551 of this chapter
(relating to Contractor Terminating Contract or Not Entering into a Standard
Contract), for a reason other than a change of ownership or change of legal
entity, HHSC sets an application denial period for the contractor or
controlling person of the contractor that applies:
(1) to the same service or program as the
terminated or expired contract; and
(2) for a period of time determined by HHSC,
but no less than 12 months after the date the contract terminated or
expired.
(e) If a
contractor does not enter into a standard contract or terminates a contract not
in accordance with the contract, including § 49.551 of this chapter, HHSC
sets an application denial period for the contractor or controlling person of
the contractor that applies:
(1) to all
programs and services; and
(2) for
a period of time determined by HHSC, but no less than 12 months after the date
the contract terminated or expired.
(f) If a contractor submits a provisional
contract application to HHSC after the expiration of an application denial
period described in subsections (a) - (e) of this section, HHSC may deny the
contract application for a reason described in § 49.207 of this chapter
(relating to Provisional Contract Application Denial).
Notes
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