SECTION 360.527. STAP Vendor Duties and Responsibilities

(a) STAP vendors shall comply with all applicable rules, policies, procedures, and laws governing STAP to remain eligible to participate in and receive reimbursement under STAP.

(b) Any STAP vendor failing to comply with subsection (a) of this section may be denied reimbursement.

(c) STAP vendors shall supply only new equipment that was purchased by the STAP vendor directly from a supplier.

(d) STAP vendors cannot receive STAP reimbursement for:

(1) used equipment;

(2) equipment paid for directly by a customer;

(3) vouchers on which the vendor or one of the vendor's employees are also the named certifier before written approval by ODHHS;

(4) vouchers that are not properly completed or redeemed in accordance with the voucher terms, conditions, and instructions;

(5) returned equipment and requests to terminate services;

(6) vouchers that are not claimed in the ODHHS STAP claiming system by the vendor in accordance with this subchapter, STAP policies, and STAP procedures; or

(7) vouchers on which the certifier is working for or on behalf of the vendor and the certifier has violated or is under pending review or investigation for alleged violations of HHSC, PUC or other rules, policies, or laws regulating STAP.

(e) STAP vendors shall allow voucher recipients to return equipment that was not damaged when the voucher recipient originally took possession, or stop a service without penalty, if the voucher recipient attempts to return the equipment or requests that the service be terminated within 30 calendar days after receipt of the equipment or service.

(1) STAP vendors that can show they have made reasonable but unsuccessful attempts to retrieve or accept the return of the equipment from the voucher recipient, are not required to accept the return beyond the 30 calendar day requirement.

(2) STAP vendors shall document any attempts to accept or retrieve equipment returned by the recipient.

(f) STAP vendors shall provide a voucher recipient with a receipt if equipment is returned or service is terminated.

(g) STAP vendors must contact ODHHS within 10 calendar days after equipment is returned or service is requested to be stopped in the event that equipment is returned, service is unused, or service is requested to be terminated by the STAP voucher recipient within 30 calendar days from voucher exchange date.

(h) STAP vendors must reimburse TUSF within 30 calendar days after equipment is returned or service is requested to be stopped, if equipment is returned, service is unused, or service is requested to be terminated by the STAP voucher recipient within 30 calendar days from voucher exchange date.

(i) STAP vendors shall not submit a voucher for reimbursement before 10 calendar days from the date of the voucher exchange and before the equipment or services is delivered.

(j) STAP vendors shall provide efficient delivery of equipment or access to services no later than 10 calendar days after the voucher claim or communication with the STAP voucher recipient when the equipment or service will be delivered.

(k) STAP vendors shall provide STAP voucher recipients information on, instructions to, or demonstration of the use and setup of the equipment as appropriate to help recipients understand how to use and set up the equipment before completing the sale and submitting the voucher for reimbursement.

(l) STAP vendors shall ensure that when they work with or act as STAP certifiers, appropriate equipment is selected for the STAP applicant.

(m) STAP vendors shall not assess a STAP voucher recipient an additional fee, cost, or penalty, in addition to the STAP vendor price, except a reasonable shipping cost for mail orders, when a STAP voucher recipient purchases equipment or services with a STAP voucher.

(n) STAP vendors shall notify ODHHS in writing at least 60 calendar days before the intended effective date of any change in legal entity status, such as ownership or control, name change, federal or state legal status, bank routing information, or contact information.

(o) STAP vendors shall retain records related to STAP, including purchase of the equipment or service exchanged, and the distribution or delivery of equipment or service to the voucher recipient for a minimum of six years from the date of the voucher exchange.

(p) STAP vendors shall allow ODHHS to conduct an audit, investigation, and STAP oversight of their business.

(1) During the six-year retention period, STAP vendors shall permit ODHHS, the State Auditor's Office, PUC, or their successor agencies, to conduct an audit or investigation of the STAP vendor in connection with funds received for reimbursement of a STAP voucher. STAP vendors will provide any books, documents, papers, and records that are pertinent to the exchange of a STAP voucher, for the purpose of conducting audits, examinations, or investigations, or for the production of excerpts and transcriptions.

(2) STAP vendors shall cooperate fully in an audit, examination, investigation, funds validation, or in the production of excerpts and transcriptions.

(3) STAP vendors shall provide documentation from third parties reflecting equipment or services purchased and the purchase price and records showing sales to non-STAP consumers.

(4) STAP vendors shall permit ODHHS staff during any on-site monitoring visits to review all records and management control systems relevant to the exchange of a STAP voucher.

(5) STAP vendors shall remedy, within 30 calendar days of notice, any weaknesses, deficiencies, or STAP noncompliance found as a result of a review, audit, or investigation as well as performance or fiscal exceptions found by ODHHS, the State Auditor's Office, PUC, any successor agencies, or any duly authorized representatives of said agencies.

(6) STAP vendors shall refund disallowed costs or billed amounts or pay any other appropriate sanctions or penalties imposed by ODHHS directly to TUSF.

(q) STAP vendors shall provide to the STAP voucher recipient, all equipment or services as authorized on the voucher.

(r) STAP vendors shall ensure that individuals authorized to sign a STAP voucher receive training provided by ODHHS before signing or exchanging a STAP voucher.

(s) STAP vendors shall not stamp, label, or affix any company information on any STAP-related promotional materials or applications as a form of marketing.

(t) STAP vendors must exchange or receive reimbursement for at least one STAP voucher during the most recent six-month period. Failure to do so may result in automatic removal from the list of eligible STAP vendors.

(u) STAP vendors shall ensure that the vendor's advertised purchase price for equipment or services is not arbitrarily inflated.

(v) STAP vendors shall be accessible by telephone and in-person to provide assistance under STAP, including inquiries and complaints during standard business hours. Service representatives shall respond within 72 hours or 3 business days after the request for assistance is made, whichever occurs first. If a representative is not available to answer the telephone, an automated answering message system must provide callers with the vendor's company name and hours of operation and allow callers to leave a message.

(w) STAP vendors shall maintain a website displaying current equipment and services available by the vendor for purchase with a STAP voucher, in an easy-to-understand format. Website information shall include:

(1) the make, model, and cost to the STAP voucher recipient, or the cost above the established STAP equipment value for each equipment sold by the vendor under a STAP voucher;

(2) specific named services and cost to the STAP voucher recipient, or the cost above the established STAP equipment value for each named service;

(3) a description of equipment or service sufficient to cover functionality of the equipment needed for persons with disabilities in accessing the telephone networks; and

(4) contact information, including physical business location, hours of service, and email address.

(x) STAP vendors shall maintain a required inventory for demonstration purposes as established by ODHHS and ensure equipment or service from that inventory is made available to STAP voucher recipients for each voucher that the vendor intends to exchange for a STAP voucher. Vendors shall comply with the inventory requirements of newly added inventory within 30 calendar days after notice by ODHHS. STAP vendors shall update their websites within 10 calendar days after the date their inventory has been updated.

Source Note: The provisions of this §360.527 adopted to be effective March 30, 2021, 46 TexReg 2024