SECTION 2.62. Monitoring and Enforcing Community Services Contracts

(a) Monitoring. The local authority must maintain a contracts management system that ensures each community services contractor performs in accordance with the provisions of the contract. The local authority shall monitor each community services contractor's compliance with the contract and evaluate the contractor's provision of services, including:

(1) competency of the contractor to provide care;

(2) consumers' access to services;

(3) safety of the environment in which services are provided;

(4) continuity of care;

(5) compliance with the performance expectations (referenced in §412.57(b)(13) of this title (relating to Provisions for Community Services Contracts));

(6) satisfaction of consumers and family members with services provided; and

(7) utilization of resources.

(b) Enforcing. The local authority shall enforce each community services contract. The local authority shall develop policies and procedures regarding contract enforcement that address the use of at least the following enforcement actions:

(1) training;

(2) technical assistance for contractors;

(3) a plan of correction; and

(4) sanctions, which may include:

(A) withholding or recouping funds;

(B) imposing financial penalties;

(C) requiring service delivery at no additional cost to the local authority;

(D) suspending participation in the provider network;

(E) contract amendment; and

(F) contract termination.

Source Note: The provisions of this §2.62 adopted to be effective April 22, 2001, 26 TexReg 2845; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841