Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 20.
COST DETERMINATION PROCESS
40 TAC §20.112
The Texas Department of Human Services (DHS) proposes an
amendment to §20.112, concerning attendant compensation rate enhancement,
in its Rate Analysis chapter. The purpose of the amendment is to clarify the
definition of an attendant, add the Deaf Blind Multiple Disabilities Waiver
program, and clarify the enrollment process. The amendment also revises the
enrollment process to allow enrollments to "roll over" unchanged to the following
year, unless the provider changes their enrollment status during the open
enrollment period and revises the procedures for enrolling new facilities.
The proposal states that a contract on vendor hold for 60 days for failure
to submit an accountability report will become a nonparticipant until the
report is submitted and the recoupments are made. Detail was added to the
description of the calculation of the attendant compensation rate component
to better describe the actual calculation. The proposal clarifies that, when
a provider serves clients in both the Residential Care (RC) program and the
Community Based Alternatives (CBA) Assisted Living/Residential Care (AL/RC)
program in a single facility, the spending requirement is determined for both
programs together and not separately. The proposal also clarifies the effective
date for contractors who voluntarily withdraw contracts from being participants
or request to reduce the enhancement levels and clarifies the group or individual
status of a provider that acquires a participating contract through a contract
assignment.
The Texas Health and Human Services Commission (HHSC) is simultaneously
proposing a related amendment to 1 TAC §355.112 in this issue of the
Eric M. Bost, Commissioner, has determined that for the first five- year
period the section is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the section.
Mr. Bost also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of adoption
of the proposed rules will be that providers will be given greater clarification
of the definition of direct care staff; the enrollment process will be easier
for those providers who do not want to change their enrollment status; the
enrollment process has been clarified; and Deaf Blind Multiple Disabilities
contracts will be able to participate and receive enhanced rates. This revision
will require a provider desiring to enroll as a participant under a new contract
to submit an enrollment contract amendment, rather than being enrolled automatically.
The proposal will remove a contract from participation and will stop paying
higher participation rates if the provider is on vendor hold for more than
60 days for failure to submit an accountability report. The calculation of
attendant compensation is described in greater detail under the proposed rule.
The proposal clarifies for CBA AL/RC and RC providers that, when they operate
both programs in one facility, the spending requirement is based on the entire
facility. The proposal clarifies the effective date of a reduction in the
reimbursement rate of a contractor who voluntarily withdraws a contract from
participation or requests to reduce the enhancement level of a contract. Finally,
the proposed rule clarifies the group or individual status of a provider that
obtains a contract through a contract assignment. There will be no adverse
economic effect on large, small, or micro businesses, because the proposal
is a clarification of administrative practices. There is no anticipated economic
cost to persons who are required to comply with the proposed section.
Questions about the content of this proposal may be directed to Alisa Jacquet
at (512) 438-4952 in DHS's Rate Analysis Department. Written comments on the
proposal may be submitted to Supervisor, Rules and Handbooks Unit-120, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department
has determined that Chapter 2007 of the Government Code does not apply to
these rules. Accordingly, the department is not required to complete a takings
impact assessment regarding these rules.
The amendment is proposed under the Human Resources Code, Title 2, Chapters
22 and 32, which authorizes the department to administer public and medical
assistance programs; and under Texas Government Code §531.021, which
provides the Health and Human Services Commission with the authority to administer
federal medical assistance funds.
The amendment implements the Human Resources Code, §§22.001-
22.030 and §§32.001-32.042.
§20.112.Attendant Compensation Rate Enhancement.
(a)
Eligible programs. Providers contracted in the Primary
Home Care, including Family Care (PHC/FC); Day Activity and Health Services
(DAHS); Residential Care (RC); Community Living Assistance and Support Services
(CLASS) - Direct Service Agency; Community Based Alternatives (CBA) - Home
and Community Support Services (HCSS); Deaf-Blind Multiple Disabilities Waiver
(DBMD);
Consumer-Managed Personal Assistance Services (CMPAS)
and
CBA - Assisted Living/Residential Care (AL/RC) programs are eligible to participate
in the attendant compensation rate enhancement.
(b)
Definition of attendant. An attendant is the unlicensed
caregiver providing direct assistance to the clients with Activities of Daily
Living (ADL) and Instrumental Activities of Daily Living (IADL).
(1)
(No change.)
(2)
Attendants do not include the director, administrator,
assistant director, assistant administrator, clerical and secretarial staff,
professional staff, other administrative staff, licensed staff, attendant
supervisors, cooks and kitchen staff, maintenance and groundskeeping staff,
activity director,
and laundry and housekeeping staff. In the case of
PHC/FC, CLASS, CBA HCSS, and DBMD staff other than attendants may deliver
attendant services and be considered an attendant if they must perform attendant
services that cannot be delivered by another attendant to prevent a break
in service.
(3)
(No change.)
(4)
An attendant also includes medication
aides in the RC and AL/RC program.
(c)
Attendant compensation cost center. This cost center will
include employee compensation, contract labor costs, and personal vehicle
mileage reimbursement for attendants as defined in subsection (b) of this
section.
(1)
Attendant compensation is the allowable compensation for
attendants defined in §20.103(b)(1) of this title (relating to
Specifications for Allowable and Unallowable Costs
[
(2)-(3)
(No change.)
(d)
(No change.)
(e)
Open enrollment. Open enrollment begins on the first day
of July and ends on the last day of that same July preceding the rate year
for which payments are being determined.
The Texas Department of Human
Services (DHS) may conduct additional enrollment periods during a rate year.
(f)
Enrollment contract amendment.
An initial enrollment
contract amendment is required from each provider choosing to participate
in the attendant compensation rate enhancement.
[
(g)
New contracts. For the purposes of this section, for
each rate year a new contract is defined as a contract delivering its first
day of service to a DHS client on or after the first day of the open enrollment
period, as defined in subsection (e) of this section, for that rate year.
Contracts that underwent a contract assignment are not considered new contracts.
For purposes of this subsection, an acceptable contract amendment is defined
as a legible enrollment contract amendment that has been completed according
to DHS instructions, signed by an authorized signator as per the Corporate
Board of Directors Resolution applicable to the provider's contract or ownership
type, and received by DHS's Rate Analysis Department within 30 days of DHS's
mailing of notification to the provider that such an enrollment contract amendment
must be submitted. New contracts will receive the nonparticipant attendant
compensation rate as specified in subsection (m) until:
(1)
for new contractors specifying the desire not to participate
on an acceptable enrollment contract amendment, the attendant compensation
rate component is as specified in subsection (m) of this section.
[
(2)
for new contractors specifying the desire to participate
on an acceptable enrollment contract amendment the
[
(3)
for new contracts from which an acceptable
enrollment contract amendment is not received, the attendant compensation
rate component is as specified in subsection (m) of this section.
(h)
Attendant Compensation Report submittal requirements. Attendant
Compensation Reports must be submitted by participating contracted providers
as follows.
(1)
Annual report. Participating contracted providers will
provide DHS, in a method specified by DHS, an annual Attendant Compensation
Report reflecting the activities of the provider while delivering contracted
services from the first day of the rate year through the last day of the rate
year. This report must be submitted for each participating contract if the
provider requested participation individually for each contract; or, if the
provider requested participation as a group, the report must be submitted
as a single aggregate report covering all participating contracts within one
program of the provider.
The aggregate report must include contracts
that are new, excluded from participation, voluntary withdrawal from participation,
and contract assignments, as defined in subparagraphs (B)-(E) of this paragraph,
which were part of the group for any portion of the rate year. A participating
contract that has been terminated in accordance with subsection (v) of this
section or that has undergone a contract assignment in accordance with subsection
(w) of this section will be considered to have participated on an individual
basis for compliance with reporting requirements for the owner prior to the
termination or contract assignment.
[
(A)
(No change.)
(B)
In cases where a participating provider changes ownership
through a contract assignment [
(C)-(D)
(No change.)
(E)
A participating provider who is a new contractor as per
subsection (g) of this section must submit an Attendant Compensation Report
within 60 days of the end of the rate year, covering the period from the [
(2)
Six-month report.
Within 60 days of the end of the
first six months of the rate year, participating
[
(3)
(No change.)
(4)
Vendor hold. DHS will place on hold the vendor payments
for any contractor who does not submit an Attendant Compensation Report completed
in accordance with all applicable rules and instructions by the due dates
described in this subsection. This vendor hold will remain in effect until
an acceptable Attendant Compensation Report is received by DHS.
Participating
contractors who do not submit an annual Attendant Compensation Report completed
in accordance with all applicable rules and instructions within 60 days of
the vendor hold being placed will become nonparticipants until the first day
of the month after all of the following conditions are met:
(A)
the provider submits an acceptable annual
Attendant Compensation Report;
(B)
the provider submits a separate Attendant
Compensation Report from the beginning of the current rate year to the date
they were disenrolled as a participant;
(C)
the provider repays to DHS funds that
are identified for recoupment from subsection (s) of this section; and
(D)
DHS receives, in writing by certified
mail, a request from the provider to be restored to the participant status.
(i)-(j)
(No change.)
(k)
Enrollment. Providers choosing to participate in the attendant
compensation rate enhancement must submit to DHS a signed enrollment contract
amendment as described in subsection (f) of this section
, before the
end of the enrollment period
. Participation is determined separately
for each program specified in subsection (a) of this section except
that
for providers delivering services to both RC and CBA AL/RC clients
in the same facility, participation includes both the RC and CBA AL/RC programs.
For PHC/FC participation is also determined separately for priority 1 and
nonpriority services. Participation will remain in effect, subject to availability
of funds, until the provider notifies DHS, in accordance with subsection (x)
of this section, that it no longer wishes to participate or until DHS excludes
the contract from participation for reasons outlined in subsection (u) of
this section. Contracts voluntarily withdrawing from participation will have
their participation end effective with the date of withdrawal as determined
by DHS. Contracts excluded from participation will have their participation
end effective on the date determined by DHS.
(l)
Determination of attendant compensation rate component
for participating contracts. For each of the programs identified in subsection
(a) of this section attendant compensation rate enhancement increments associated
with each enhanced attendant compensation level will be determined for participating
contracts from subsection (k) of this section. The attendant compensation
rate enhancement increments will be determined by taking into consideration
quality of care, labor market conditions, economic factors, and budget constraints.
The attendant compensation rate enhancement increments will be determined
on a per-unit-of-service basis applicable to each program or service.
[
[(1)
Determine for each contract included
in the cost report data base used in the determination of rates in effect
on September 1, 1999, the attendant compensation cost center from subsection
(c) of this section.]
[(2)
Adjust the cost center data from paragraph
(1) of this subsection, as specified in §20.108 of this title (relating
to Determination of Inflation Indices), to inflate the costs to the prospective
rate year.]
[(3)
For each contract included in the cost
report data base used in the determination of rates in effect on September
1, 1999, divide the result from paragraph (2) of this subsection by the units
of service and multiply the result by 1.044 for all programs in subsection
(a) of this section except for RC and AL/RC which are multiplied by 1.07.
The result is the attendant compensation rate component for participating
contracts and the first 60 days of new contracts.]
[(4)
The cost base from paragraph (1) of this
subsection used in determining the attendant compensation rate component will
not change over time, except for adjustments for inflation from paragraph
(2) of this subsection. DHS may recommend adjustments to the rates in accordance
with §20.109 of this title (relating to Adjusting Reimbursement When
New Legislation, Regulations, or Economic Factors Affect Costs).]
(m)
Determination of attendant compensation rate component
for nonparticipating contracts. For each of the programs identified in subsection
(a) of this section DHS will calculate an attendant compensation rate component
for nonparticipating contracts as follows.
(1)-(2)
(No change.)
(3)
For each contract included in the cost report data base
used in determination of rates in effect on September 1, 1999, divide the
result from paragraph (2) of this subsection by the
corresponding
units of service
. Provider projected costs per unit of service are rank-ordered
from low to high, along with the provider's corresponding units of service.
For DAHS the median cost per unit of service is selected. For all other programs
the units of service are summed until the median hour of service is reached.
The corresponding projected cost per unit of service is the weighted median
cost component. The result is multiplied
[
(4)
(No change.)
(n)-(r)
(No change.)
(s)
Spending requirements for participating contracts. DHS
will determine from the Attendant Compensation Report, as specified in subsection
(h) of this section and other appropriate data sources, the amount of attendant
compensation spending per unit of service delivered. The providers' compliance
with the spending requirement is determined based on the total attendant compensation
spending as reported on the Attendant Compensation Report for each participating
contract if the provider requested participation individually for each contract.
A participating contract that has been terminated in accordance with subsection
(v) of this section or that has undergone a contract assignment in accordance
with subsection (w)[
(1)
(No change.)
(2)
The adjusted attendant compensation per unit of service
from paragraph (1) of this subsection will be subtracted from the accrued
attendant compensation revenue
per unit of service
to determine
the amount to be recouped by DHS. If the adjusted attendant compensation per
unit of service is greater than or equal to the accrued attendant compensation
revenue per unit of service, there is no recoupment.
(3)
(No change.)
(t)-(v)
(No change.)
(w)
Contract assignments. The following applies to contract
assignments.
(1)
Contracts participating under the prior legal entity will
continue participation under the legal entity accepting the contract assignment.
When the provider or legal entity accepting the contract assignment has their
contracts participating as individuals, participation in the attendant compensation
rate enhancement confers to the provider or legal entity accepting the contract
assignment. When the provider or legal entity accepting the contract assignment
has their contracts participating as a group, the contract will participate
with the group of the legal entity accepting the contract assignment for purposes
related to the attendant compensation rate enhancement.
When the new
owner has no contracts participating, the individual or group status of participating
contracts under the old owner will transfer to the new owner.
[(2)
When the contract assignment is a change
only in the organizational structure or name of the legal entity, the provider
or legal entity accepting the contract assignment is responsible for the reporting
requirements in subsection (h) of this section and for any recoupment amount
owed to DHS for the entire rate year identified, even if part of the rate
year was under the responsibility of the previous legal entity.]
(2)
[
(x)
Voluntary withdrawal. Participating contracts wishing to
withdraw from the attendant compensation rate enhancement must notify DHS
in writing by certified mail.
The requests will be effective the first
of the month following the receipt of the request.
Contracts voluntarily
withdrawing must remain nonparticipants for the remainder of the rate year
[
(y)
Adjusting attendant compensation requirements. Providers
that determine that they will not be able to meet their attendant compensation
requirements may request
to reduce
[
(z)-(cc)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 3, 2001.
TRD-200102530
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 17, 2001
For further information, please call: (512) 438-3108
Chapter 175.
GENERAL RULES OF THE VETERANS LAND BOARD
The Veterans Land Board of the State of Texas (the "Board") proposes
the repeal of Title 40, Part 5, Chapter 175 of the Texas Administrative Code, §175.5
(relating to Appraisal of Land) of the General Rules of the Veterans Land
Board and simultaneously proposes a new §175.5 (relating to Appraisal
of Land). The proposed new rule provides that property evaluations must be
prepared by appraisers approved by the Board, requires that written notice
be provided to the seller and the Board when the loan applicant cancels a
transaction because of the appraisal, deletes the mandatory requirement that
the Board's representative meet a loan applicant on the property to be purchased,
permits the applicant to require the appraiser to inspect the property with
the applicant, allows the Board to adopt resolutions that establish procedures
relating to inspection of property by the loan applicant or the applicant's
representative, establishes procedures for requesting re-appraisals, and allows
the chairman or executive secretary to waive requirements related to re-appraisals.
The existing rule requires the loan applicant to meet with the Board's
appraiser on the property to be purchased. This often introduces unavoidable
delays in processing loan applications caused by difficulties in matching
the schedule of the loan applicant with the schedule of the appraiser. The
proposed new rule requires the loan applicant to personally inspect the land
to be purchased, but deletes the requirement that the applicant meet with
a representative of the Board. The applicant may require the appraiser to
meet the applicant on the tract. Under the proposed new rule, the only instance
in which the Board may require the applicant to meet with its representative
is in the event of a re-appraisal.
In addition to time delays, in many instances the loan applicant does not
live in close proximity to the land being purchased. In such instances, the
applicant must miss work and bear the expense of traveling to meet the appraiser
on the property.
The Board expects to reduce the time needed to approve loan applications
by eliminating the requirement that every loan applicant schedule an appointment
to personally meet with the appraiser to inspect the property. The proposed
new rule protects the best interests of the Veterans Land Program by describing
procedures for personal inspections by the loan applicant, including the requirements
for requesting a re-appraisal.
Larry Soward, Chief Clerk of the General Land Office, has determined that
for each year of the first five years the proposed repeal and proposed new
section are in effect, there will be no negative fiscal implications to state
or local government as a result of enforcing or administering the sections.
Larry Soward, Chief Clerk of the General Land Office, has determined that
for each year of the first five years the new section as proposed will be
in effect, the public will benefit from: (1) a reduction in the amount of
time needed to process loan applications, and (2) avoiding the expense of
travel and missing work to meet with an appraiser.
Mr. Soward has determined that the proposed repeal and proposed new rule
will have no effect on small businesses during each year of the first five
years the sections are in effect.
Mr. Soward has also determined that during each year of the first five
years the proposed repeal and proposed new rule are in effect, there is no
anticipated economic cost to any persons who are required to comply with the
sections.
Comments may be submitted to Melinda Tracy, Legal Services, General Land
Office of the State of Texas, 1700 N. Congress Avenue, Austin, Texas 78701.
40 TAC §175.5
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Veterans Land Board or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal of this section is proposed under the
Natural Resources Code, Title 7, Chapter 161, §161.063 and §161.284,
which provides authorization for the Board to adopt rules for the Program
which it considers necessary and advisable and to adopt rules relating to
appraisals.
Natural Resources Code §161.212 and §161.284 are affected by
this proposed action.
§175.5.Appraisal of Land.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on May 7, 2001.
TRD-200102562
Larry R. Soward
Chief Clerk, General Land Office
Texas Veterans Land Board
Earliest possible date of adoption: June 17, 2001
For further information, please call: (512) 305-9129
Compensation
of Employees
]) and required to be reported as either salaries and/or
wages, including payroll taxes and workers' compensation, or employee benefits.
Benefits required by §20.103(b)(1)(A)(iii) of this title (relating to
Specifications for Allowable and Unallowable Costs) to be reported as costs
applicable to specific cost report line items, except as noted in paragraph
(3) of this subsection, are not to be included in this cost center.
All contracted
providers must submit an enrollment contract amendment during the open enrollment
period.
] On the
initial
enrollment contract amendment the
provider must specify for each contract
a
[
his
] desire
to participate or
the desire
[
his desire
] not to participate.
The participating provider must specify for each program [
if he wishes
] to have all participating contracts be considered as a group or
as individuals
[
individually
] for purposes related to the
attendant compensation rate enhancement. For the PHC/FC program, the participating
provider must also specify if he wishes to have either priority 1, nonpriority,
or both priority 1 and nonpriority services participating in the attendant
compensation rate enhancement. If the PHC/FC provider selects to have their
contracts participating as a group, then the provider must select to have
either priority 1, nonpriority, or both priority 1 and nonpriority services
participate for the entire group of contracts. For providers delivering services
to both RC and CBA AL/RC clients in the same facility, participation includes
both the RC and CBA AL/RC programs.
After initial enrollment, participating
and nonparticipating providers may request to modify their enrollment status
during any open enrollment period. A nonparticipant can request to become
a participant; a participant can request to become a nonparticipant; a participant
can request to change its participation level; a provider whose participating
contracts are being considered as a group can request to have them considered
as individuals; and a provider whose participating contracts are being considered
as individuals can request to have them considered as a group. Requests to
modify a provider's enrollment status during an open enrollment period must
be received by DHS's Rate Analysis Department by the last day of the open
enrollment period as per subsection (e) of this section. Providers from which
DHS's Rate Analysis Department has not received an acceptable request to modify
their enrollment by the last day of the open enrollment period will continue
at the level of participation and group or individual status in effect during
the open enrollment period within available funds. To be acceptable, an enrollment
contract amendment must be completed according to DHS instructions, signed
by an authorized signatory as per the DHS Corporate Board of Directors Resolution
applicable to the provider's contract or ownership type, and legible.
[
The provider also must submit with the contract amendment all required
documentation to the DHS in a manner specified by DHS. Any provider failing
to submit an acceptable enrollment contract amendment by the end of the open
enrollment period will be a nonparticipating contract for the entire rate
year following the open enrollment period.
]
[New contracts.
For the purposes of this section, for each rate year a new contract is defined
as a contract delivering its first day of service to a DHS client on or after
the first day of the open enrollment period, as defined in subsection (e)
of this section, for that rate year. Contracts that underwent a contract assignment
are not considered new contracts. New contractors must complete the enrollment
contract amendment specified in subsection (f) of this section within 30 days
of notification by DHS. Any provider failing to submit an acceptable enrollment
contract amendment within 30 days of notification by DHS will be a nonparticipating
contract for the remainder of the rate year. New contracts will receive the
attendant compensation rate as specified in subsection (l) of this section
until:]
based on the enrollment contract amendment information received, participating
contracts will have their attendant compensation rate adjusted effective on
the first day of the month following receipt of an acceptable enrollment contract
amendment.
]
based on the
enrollment contract amendment information received, nonparticipating contracts
will have their
] attendant compensation rate
component is
adjusted as specified in
subsections (l) and (n)
[
subsection
(m)
] of this section retroactive to the first day of their contract.
The aggregate report must
include excluded from participation, new, and contract assignment contracts
(for the legal entity accepting the contract assignment), as defined in subparagraphs
(A)-(E) of this paragraph, which were part of the group for any portion of
the rate year. A participating contract which has been terminated in accordance
with subsection (v) of this section or that has undergone a contract assignment
in accordance with subsection (w)(3) of this section will be considered to
have participated on an individual basis for compliance with reporting requirements.
] This report will be used as the basis for determining compliance with
the spending requirements and recoupment amounts as described in subsection
(s) of this section. Contracted providers failing to submit an acceptable
annual Attendant Compensation Report within 60 days of the end of the rate
year will be placed on vendor hold until such time as an acceptable report
is received and processed by DHS. Contracted providers participating for less
than a full year must provide Attendant Compensation Reports as follows.
from one legal entity to another legal
entity
], the owner prior to the change of ownership must submit an Attendant
Compensation Report, covering the period from the beginning of the rate year
to the effective date of the contract assignment as determined by DHS. The
owner after the change of ownership must submit an Attendant Compensation
report within 60 days of the end of the rate year, covering the period from
the effective date of the contract assignment as determined by DHS to the
end of the rate year. This report will be used as the basis for determining
recoupment as described in subsection (s) of this section.
sixty-
]first day of the
month following receipt by DHS's Rate Analysis
Department of an acceptable enrollment contract amendment as per paragraph
(g)(1) of this section
[
contract as determined by DHS
] through
the end of the rate year.
Participating
] contracted providers will provide DHS, in a method specified by DHS,
a six-month Attendant Compensation Report reflecting the activities of the
provider while delivering contracted services from the first day of the rate
year through the last day of February of the rate year. [
DHS will place
on vendor hold contracted providers failing to submit an acceptable six-month
Attendant Compensation Report within 60 days of the last day of February of
the rate year until DHS receives and processes an acceptable report.
]
The report must be submitted for each participating contract if the provider
requested participation individually for each contract; or, if the provider
requested participation as a group, the report must be submitted as a single
aggregate report covering all participating contracts within one program of
the provider. Participating providers will use this six- month report to assist
them in determining their level of compliance with the spending requirements
and to take any appropriate action necessary to come into compliance with
the spending requirements. The provider is responsible for the management
of attendant compensation expenditures in compliance with the spending requirements
stated in subsection (s) of this section.
Determination of attendant compensation rate component participating
contracts. For each of the programs identified in subsection (a) of this section
DHS will calculate an attendant compensation rate component from subsection
(k) of this section and for the first 60 days of a new contract from subsection
(g) of this section as follows.
]
and multiply the result
] by 1.044 for all programs in subsection (a) of this section except
for RC and AL/RC which is multiplied by 1.07. The result is the attendant
compensation rate component for nonparticipating contracts.
(3)
] of this section will be considered to
have participated on an individual basis for compliance with the spending
requirement
for the owner prior to the termination or contract assignment
. If the provider specified that he wished to have all participating
contracts be considered as a group for purposes related to the attendant compensation
rate enhancement, as specified in subsection (f) of this section, compliance
with the spending requirement is based on the total attendant compensation
as reported on the single aggregate attendant compensation report described
in subsection (h) of this section. Compliance with the spending requirement
is determined separately for each program specified in subsection (a) of this
section
, except for providers delivering services to both RC and CBA
AL/RC clients in the same facility whose compliance is determined by combining
both programs
. DHS will calculate recoupment, if any, as follows.
(3)
] When the contract assignment
is an ownership change from one legal entity to a different legal entity,
DHS will place a vendor hold on the payments of the existing contracted provider
until DHS receives an acceptable Attendant Compensation Report specified in
subsection (h)(1)(B) of this section and until funds identified for recoupment
from subsection (s) of this section are repaid to DHS. DHS will recoup any
amount owed from the provider's vendor payments that are being held. In cases
where funds identified for recoupment cannot be repaid by the existing contracted
provider's vendor payments that are being held, the responsible entity from
subsection (cc) of this section will be jointly and severally liable for any
additional payment due to DHS. Failure to repay the amount due [
or submit
an acceptable payment plan
] within 60 days of notification will result
in placement of a vendor hold on all DHS contracts controlled by the responsible
entity and will bar the responsible entity from enacting new contracts with
DHS until repayment is made in full.
and are excluded from participation the following rate year
].
Providers whose contracts are participating as a group must request withdrawal
of all the contracts in the group.
a reduction to
]
their attendant compensation requirements and associated enhancement payment
to a lower participation level by submitting a written request to DHS by certified
mail
. These requests will be effective the first of the month following
[
30 days from
] the receipt of the request. Providers whose contracts
are participating as a group must request the same reduction for all of the
contracts in the group.
Part 5.
TEXAS VETERANS LAND BOARD