SECTION 49.209. Standard Contract

(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, catchment, or waiver contract area as the existing contract, but other terms of the contract offered may be different than the terms of the existing contract.

(b) HHSC may subject a standard contract to conditions in accordance with 1 TAC Chapter 352 (relating to Medicaid and the Children's Health Insurance Program Provider Enrollment) and 1 TAC Chapter 371, Subchapter E (relating to Provider Disclosure and Screening).

(c) If HHSC offers a standard contract to a contractor and the contractor does not enter into the standard contract in accordance with HHSC's instructions, HHSC notifies the contractor and any controlling person of the contractor, in writing, of the application denial period set in accordance with §49.702(c) of this chapter (relating to Application Denial Period).

(d) HHSC and a contractor may agree, in writing, to extend the term of a standard contract. A standard contract may be extended only once and for no more than one year. The extension of a standard contract is not a decision by HHSC that it will offer the contractor another standard contract.

Source Note: The provisions of this §49.209 adopted to be effective September 1, 2014, 39 TexReg 6637; amended to be effective September 1, 2018, 43 TexReg 5230; amended to be effective April 28, 2020, 45 TexReg 2725; amended to be effective December 22, 2020, 45 TexReg 9234