Texas Administrative Code

Wildlife stockings which meet conditions required for funding under the Pittman-Robertson Federal Aid in Wildlife Restoration Program may be approved by the executive director. Conditions published in the most recent edition of the Federal Aid in Fish and Wildlife Restoration Man…

(a) If warranted, the areas into which a species is introduced will be under the control of the department for a period sufficient to establish the species. Control may be achieved by written permission granted by the landowner that contains specific mention of the species to be …

It is the goal of the department to pursue a stocking program, including the taking, transporting and releasing of fish and wildlife, in its management effort to ensure an ample supply of these resources for public enjoyment. The department also may authorize individuals, where a…

(a) All stockings shall be for either investigation, propagation, distribution, scientific, educational or other valid management purposes. (b) Departmental stocking of fish and wildlife on public lands and in public waters shall be consistent with the annual operational plan. (c…

If a contractor uses a subcontractor to provide a service to an individual, the contractor must: (1) have a written agreement with the subcontractor that requires the subcontractor and any of its subcontractors to comply with applicable provisions of the contract, this subchapter…

(a) A contractor must develop and implement written procedures for investigating and resolving a complaint about services provided under a contract, other than an allegation of abuse, neglect, or exploitation, that: (1) allow a complaint to be submitted to the contractor: (A) eit…

A contractor must develop and implement written procedures for reporting and investigating an allegation of abuse, neglect or exploitation regarding an individual that: (1) comply with applicable laws and rules governing services provided under the contract; (2) require the contr…

(a) If HHSC receives an oral or written allegation that indicates a contractor may have violated a contract or program requirement, HHSC conducts an unannounced investigation of the contractor. The investigation is conducted on-site or by a desk review. (b) To conduct an investig…

This subchapter does not apply to a contractor that has a contract for the HCS Program, TxHmL Program, or hospice. Notes 26 Tex. Admin. Code § 52.201 Transferred from 40 TAC § 49.401 Texas Register, Volume 49, Number 13, March 29, 2024, TexReg 2091 , eff. 4/29/2024

(a) A contractor that has a contract for the HCS Program, the TxHmL Program, the CLASS Program, or the DBMD Program must: (1) in a building or a portion of a building that is owned or leased by the contractor and in which the contractor provides day habilitation in the HCS Progra…

(a) A contractor must notify HHSC if the contractor intends to: (1) terminate its contract; or (2) not enter into a standard contract when its contract expires. (b) The notification required by subsection (a) of this section must be given in accordance with § 49.302(q) of this ch…

(a) A contractor must comply with requirements regarding payment of a base wage to a personal attendant as described in 1 TAC § 355.7051 (relating to Base Wage for a Personal Attendant). (b) A contractor, other than a contractor that has an FMSA contract listed in § 49.101(a)(4) …

(a) HHSC denies a provisional contract application if: (1) HHSC has not approved the applicant or contractor for enrollment in accordance with 1 TAC Chapter 352 (relating to Medicaid and Children's Health Insurance Program Provider Enrollment) and 1 TAC Chapter 371, Subchapter E …

(a) A contractor may appeal a sanction, as described in § 49.531(a) of this subchapter (relating to Sanction by HHSC), proposed or imposed by HHSC. (b) To appeal a sanction proposed or imposed by HHSC, a contractor must request an administrative hearing in accordance with 1 TAC §…

(a) HHSC may determine an applicant or contractor is ineligible to contract with HHSC if the applicant, contractor, or a controlling person of the applicant or contractor has a conviction of any of the following misdemeanor or felony offenses, regardless of the date of conviction…

(a) To be a contractor, an applicant must have a license, certification, accreditation, or other document as follows: (1) CLASS-CFS and CLASS-SFS require: (A) a permit to operate a child-placing agency issued by HHSC in accordance with Chapter 745 of this title (relating to Licen…

(a) HHSC may impose an administrative penalty: (1) for a contractor that has a contract for the HCS Program, in accordance with § 9.181 of this title (relating to Administrative Penalties); or (2) for a contractor that has a contract for the TxHmL Program, in accordance with § 9.…

(a) HHSC may conduct a financial review, including an audit, of a contractor at any time. The review is conducted on-site or by a desk review. (b) To conduct a financial review, HHSC: (1) conducts an entrance conference with the contractor; and (2) performs other activities, whic…

(a) Except as provided in subsections (c) and (d), a contractor must retain a record in the form in which it was created as follows: (1) a record developed and maintained in accordance with § 49.305 of this subchapter (relating to Records) until the latest of the following: (A) s…

(a) HHSC pays a contractor for a claim for services that meets the requirements described in subsection (b) of this section. (b) A contractor must ensure a claim for services is: (1) for a service that has been provided by a contractor; (2) a clean claim; (3) complete and accurat…

(a) The agency may use state funds to provide education and training for its employees in accordance with the State Employees Training Act (Texas Government Code, §§ 656.041 - 656.104 ). (b) The education or training shall be related to the employee's current position or prospect…

A family leave pool is established to allow eligible employees to apply for leave time to bond with and care for children during a child's first year following birth, adoption, or foster placement; and caring for a seriously ill family member or the employee, including pandemic-r…

(a) Except as provided in subsections (b) - (e) of this section, all of the sections of this chapter apply to an applicant or contractor for one or more of the following programs and services: (1) Medicaid waiver programs and services under Title XIX, §1915(c) of the Social Secur…

(a) HHSC conducts contract and fiscal monitoring on site or by desk review: (1) to determine if: (A) a contractor is in compliance with its contract, which requires compliance with applicable federal and state laws, rules, and regulations, provider manuals and handbooks, billing …

(a) HHSC may take one or more of the following actions against a contractor in accordance with §49.522 and §49.523 of this division (relating to Corrective Action Plan and Referral Hold): (1) require the development of and compliance with a corrective action plan; and (2) impose …

(a) HHSC may take one or more of the following sanctions: (1) for any contractor, impose a vendor hold in accordance with §49.532 of this division (relating to Vendor Hold); (2) for any contractor, recoup funds in accordance with §49.533 of this division (relating to Recoupment);…

(a) HHSC may review a contractor's records to evaluate billing standards in accordance with program-specific requirements if: (1) HHSC proposes to terminate the contractor's contract; (2) HHSC does not offer the contractor a standard contract when its contract expires; (3) the co…

(a) The provisions in this section are based on Code of Federal Regulations, Title 45, Part 87. (b) An applicant that is a religious organization is eligible to become a contractor on the same basis as any other applicant. (c) HHSC does not discriminate against an applicant based…

(a) If a contractor intends to undergo a change of ownership or change of legal entity, the following action must be taken to obtain a new provisional contract: (1) at least 60 days before the proposed date of the change of ownership or change of legal entity, the contractor must…

(a) During the term of a provisional or standard contract, HHSC may offer the contractor a standard contract that will be effective the day after the existing contract ends. HHSC offers a standard contract that is for the same program, service, or facility, in the same service, c…

(a) A contractor must have and maintain a license, certification, accreditation, or other documentation required of an applicant in § 49.205 of this chapter (relating to License, Certification, Accreditation, and Other Requirements), except: (1) a contractor that has had a contra…

The following words and terms have the following meanings when used in this chapter, unless the context clearly indicates otherwise: (1) AA--Adaptive aids. (2) Abuse--"Abuse" as defined by the statute or rule that governs the investigation of alleged abuse of an individual. (3) A…

(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 …

(a) HHSC may place a contractor on a referral hold if: (1) HHSC has proposed to terminate the contract; (2) HHSC determines the contractor has not complied with the contract, including a determination of non-compliance described in § 49.411(e) of this chapter (relating to Contrac…

(a) HHSC requires corrective action if the contractor's compliance score for a standard is less than 90 percent as described in § 49.411(d) of this chapter (relating to Contract and Fiscal Monitoring). (b) HHSC may require corrective action if HHSC determines the contractor has n…

(a) To obtain a contract for a service or program for which a person does not have a contract, or a contract in a service or catchment area in which the person does not have a contract, the person must apply for a provisional contract in accordance with § 49.203 of this subchapte…

(a) HHSC requires a contractor to immediately protect an individual's health and safety if HHSC determines that: (1) the contractor is not complying with its contract; and (2) the contractor's failure to comply with its contract jeopardizes the health and safety of the individual…

(a) HHSC may decide not to offer a standard contract to a contractor: (1) for any reason for which HHSC may deny a provisional contract application, as described in § 49.207 of this chapter (relating to Provisional Contract Application Denial); (2) for any reason for which HHSC m…

(a) HHSC approves a provisional contract application if it is not denied in accordance with § 49.207 of this subchapter (relating to Provisional Contract Application Denial). (b) If HHSC approves a provisional contract application, HHSC: (1) provides written notification to the a…

Sections 49.202 - 49.205 and §§ 49.207- 49.211 of this subchapter (relating to Provisional Contract; Provisional Contract Application Process; Additional Provisional Contract Application Requirements; License, Certification, Accreditation, and Other Requirements; Provisional Cont…

(a) Divisions 2 and 3 of this subchapter (relating to Immediate Protection; and Actions) do not apply to a contractor that has a contract for the HCS Program or the TxHmL Program. (b) Section 49.523 of this subchapter (relating to Referral Hold) does not apply to a contractor tha…

A contractor using an electronic visit verification system must comply with Chapter 68 of this title (relating to Electronic Visit Verification (EVV) System). Notes 26 Tex. Admin. Code § 52.111 Transferred from 40 TAC § 49.306 Texas Register, Volume 49, Number 13, March 29, 2024,…

(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…

(a) HHSC imposes a vendor hold on a contractor if: (1) HHSC has proposed to terminate the contract and the contractor participates in attendant compensation rate enhancement as described in 1 TAC § 355.112 (relating to Attendant Compensation Rate Enhancement); or (2) The HHSC Off…

(a) An applicant that is licensed as an assisted living facility, applies for a Title XX RC contract, and otherwise meets application requirements must meet the requirements in § 46.13 of this title (relating to Housing Options), as determined by HHSC based on an on-site visit. (…

(a) A contractor must develop and maintain records in accordance with its contract, this subchapter, and HHSC rules governing services provided under the contract. (b) A contractor must: (1) use forms required by HHSC or, if a specific form is not required by HHSC, develop record…

(a) A contractor that is required to have a license, as described in § 49.302(a) of this subchapter (relating to General Requirements), must comply with licensure requirements regarding criminal history record checks, the HHSC employee misconduct registry and the HHSC nurse aide …