SECTION 392.407. Provisions for Certain Contracts

(a) All consumer services contracts must include 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;

(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, DSHS rules, and Texas Department of Family and Protective Services rules;

(6) that AIDS/HIV workplace guidelines, similar to those adopted by DSHS 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 DSHS 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.

(b) All contracts for residential services must include the standards and conditions that are described in subsection (a) 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 Title 25, Chapter 414, Subchapter K (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 Title 25, Chapter 414, Subchapter K, 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.

Source Note: The provisions of this §392.407 adopted to be effective June 17, 2015, 40 TexReg 3638