SECTION 379.1604. Funding Waivers  


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  • (a) The Health and Human Services Commission (HHSC) may waive the maximum prescribed funding percentage, as described in Human Resources Code §51.003(a), when at least one of the following occurs:

    (1) The center's income for the contract year decreased relative to the actual income received during the previous contract year. Decreases in funding caused by a center's noncompliance, negligence, or deficiencies will not be considered when making this calculation.

    (2) The center's HHSC award for center services increases.

    (b) If a center receives three or more funding waivers in a five-year period, the center may be subject to corrective action.

Source Note: The provisions of this §379.1604 adopted to be effective December 23, 2007, 32 TexReg 9335; amended to be effective September 1, 2013, 38 TexReg 4309