40 Tex. Admin. Code § 7.56 - Provisions for All Contracts

(a) Unless an exception is granted by CC&PS, all contracts governed by this subchapter must include the following standards and conditions:

(1) the beginning and ending dates of the contract;

(2) identification of the service(s) or good(s) to be purchased;

(3) identification of all parties;

(4) total allowable payment or, if the contract is for services provided solely on a referral basis or on a capitated basis, the rates of payment;

(5) the method of payment;

(6) documentation retention requirements;

(7) the requirement that the contractor must comply with all applicable federal and state laws, rules, and regulations, including Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990 (ADA); and the Age Discrimination in Employment Act of 1967;

(8) sanctions and remedies TDMHMR may take in response to the contractor's default;

(9) a statement that the contractor is not currently held in abeyance or barred from the award of a federal or state contract, and that the contractor will provide immediate written notification to TDMHMR if the contractor becomes held in abeyance or barred from the award of a federal or state contract during the term of the contract; and

(10) that TDMHMR and its designees, including independent financial auditors, shall have, with reasonable notice, unrestricted access to all facilities, records, data, and other information under the control of the contractor as necessary to enable TDMHMR to audit, monitor, and review all financial and programmatic activities and services associated with the contract.

(b) All consumer services contracts must include the standards and conditions that are described in subsection (a) of this section and provisions stating:

(1) the clearly defined performance expectations which directly relate to the community service's objectives, including goals, outputs, and measurable outcomes, and that the contractor must provide services in accordance with such expectations;

(2) that no consumer will be excluded from participation in, denied the benefits of, or unlawfully discriminated against, in any program or activity funded by the contract on the grounds of race, color, national origin, religion, sex, age, disability, or political affiliation in accordance with applicable law;

(3) that all consumer-identifying information will be maintained by the contractor as confidential, in accordance with applicable law and Chapter 414, Subchapter A of this title (relating to Client-Identifying Information);

(4) that the contractor, its licensed staff, and other appropriate staff (as identified in the contract) will be credentialed before services are delivered to consumers by such contractor and staff;

(5) that any allegation of abuse, neglect, or exploitation of consumers under the contract will be reported in accordance with applicable law, TDMHMR rules, and Texas Department of Protective and Regulatory Services rules;

(6) that AIDS/HIV workplace guidelines, similar to those adopted by TDMHMR and AIDS/HIV confidentiality guidelines and consistent with state and federal law, will be adopted and implemented by the contractor;

(7) that the contractor will comply with relevant TDMHMR rules, certifications, accreditations, and licenses, as specified in the contract;

(8) that any allegation involving the clinical practice of a physician, dentist, registered nurse, or licensed vocational nurse, be referred to the contractor's medical, dental, or nursing director (as appropriate to the discipline involved) for review for possible peer review and reporting to disciplinary boards; and

(9) the accounting, reporting, and auditing requirements with which the contractor must comply.

(c) All contracts for residential services must include the standards and conditions that are described in subsections (a) and (b) of this section and provisions stating:

(1) that services will be provided in accordance with consumers' treatment plans; and

(2) that the contractor must comply with Chapter 414, Subchapter K of this title (relating to Criminal History Clearances) regarding conducting criminal history clearances of its applicants, employees, and volunteers, and that if an applicant, employee, or volunteer of the contractor has a criminal history relevant to his or her employment as described in Chapter 414, Subchapter K of this title (relating to Criminal History Clearances), then the contractor will take appropriate action with respect to the applicant, employee, or volunteer, including terminating or removing the employee or volunteer from direct contact with consumers served by the contractor.

Notes

40 Tex. Admin. Code § 7.56

The provisions of this §7.56 adopted to be effective July 1, 2001, 26 TexReg 4719; Transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841