Section 392.109 - Transition of Contractors(a) Unless prohibited by law, a contractor must provide at least 120 days notice before terminating or non-renewing a contract to provide adequate time for DARS to provide statewide coverage by securing a new contractor.(b) During the transition to the new contractor, the existing contractor must: (1) continue to provide services to families;(2) continue to cooperate with DARS;(3) continue to participate in Texas Health and Human Services Commission's Random Moment Time Study;(4) continue to file Medicaid Administrative Claims as appropriate;(5) continue to bill other funding sources; and(6) assist with the transition of families and children, including the secure transfer of all client files, to the new contractor(s).(c) Unless prevented by law, or unless as a result of an adverse action on the contract, DARS will provide at least 90-days notice before nonrenewing a contract.(d) In order to provide statewide coverage as required by the Individuals with Disabilities Education Improvement Act Part C, DARS may employ an exception to a competitive procurement in the case of a contract termination for which a competitive procurement to replace the contractor is not practical to avoid a significant risk to services to children and families.(e) DARS may employ an exception to a competitive procurement when a contractor's enrollment falls to a level that creates a financial risk to DARS.1 Tex. Admin. Code § 392.109
Adopted by Texas Register, Volume 40, Number 24, June 12, 2015, TexReg 3640, eff. 6/17/2015