Part 3.
OFFICE OF THE ATTORNEY GENERAL
Chapter 69.
CENTRAL PURCHASING
Subchapter C. MANAGEMENT OF VEHICLES
1 TAC §69.35, §69.36
The Office of the Attorney General proposes new Subchapter
C, relating to the management of vehicles, and new §69.35. and §69.36,
relating to State Vehicle Management Plan and Restrictions on Assignment of
Vehicles. House Bill 3125, 76th Texas Legislature, mandated the Office of
Vehicle Fleet Management, under the direction of the Council on Competitive
Government, to develop and implement a vehicle management plan to improve
the administration and operation of the state's fleet. The management plan
was adopted by the Council of Competitive Government on October 11, 2000.
House Bill 3125, now codified in Government Code § 2171, requires state
agencies to adopt rules consistent with the plan.
Becky Pestana, Assistant Attorney General, has determined that for each
year of the first five-year period the new subchapter is in effect there will
be no fiscal implications for state or local governments as a result of enforcing
or administering the new section. There are no anticipated fiscal implications
to local government or local economies.
Ms. Pestana also has determined that for each year of the first five-year
period the new subchapter is in effect the public benefit anticipated as a
result of enforcing the rule will be the assurance of greater utilization
and management of the fleet vehicles operated by the agency. There is no anticipated
adverse economic effect on individuals, small businesses, or micro-businesses.
Written comments on the proposed new subchapter may be submitted to Becky
Pestana, Assistant Attorney General, at the Office of the Attorney General,
General Counsel Division, P.O. Box 12548, Austin, TX, 78711-2548, (512) 936-2912,
or by e-mail to becky.pestana@oag.state.tx.us.
The new subchapter is proposed under Government Code § 2171.1045,
which requires agencies to adopt rules relating to the assignment and use
of their vehicles.
No other statutes, articles, or codes are affected by the proposed new
subchapter or sections.
§69.35.State Vehicle Management Plan.
To the extent applicable, the agency adopts the State Vehicle Management
Plan as adopted by the Office of Vehicle Fleet Management, under the direction
of the Council on Competitive Government, on October 11, 2000.
§69.36.Restrictions on Assignment of Vehicles.
(a)
Each agency vehicle, with the exception of a vehicle assigned
to a field employee or a vehicle used for undercover and/or surveillance activities,
shall be assigned to the agency motor pool and be available for check-out.
(b)
The agency may assign a vehicle to an individual administrative
or executive employee on a regular or everyday basis only if the agency makes
a written determination that the assignment is critical to the needs and mission
of the agency.
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 1, 2001.
TRD-200102490
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Earliest possible date of adoption: June 17, 2001
For further information, please call: A.G. Younger
at (512) 463-2110.
Chapter 355.
MEDICAID REIMBURSEMENT RATES
Subchapter A. COST DETERMINATION PROCESS
1 TAC §355.112
The Texas Health and Human Services Commission (HSSC) proposes
an amendment to §355.112, 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 Department of Human Services (DHS) is simultaneously proposing
a related amendment to 40 TAC §20.112 in this issue of the
Texas Register
.
Don Green, Chief Financial Officer, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Commissioner Don Gilbert 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 reimbursment 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 HHSC 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 Government Code, §531.033,
which authorizes the commissioner of the Health and Human Services Commission
to adopt the rules necessary to carry out the commission's duties, and §531.021(b),
which establishes the commission as the agency responsible for adopting reasonable
rules governing the determination of fees, charges, and rates for medical
assistance payments under Chapter 32, Human Resources Code.
The amendment implements the Government Code §531.003 and §531.021(b).
§355.112.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 §355.103(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 §355.108 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 §355.109 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
[
(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-200102531
Marina Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Earliest possible date of adoption: June 17, 2001
For further information, please call: (512) 438-3734
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
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 §355.103(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 [
his desire
] not to participate. The participating
provider must specify for each program
the desire
[
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.
[
attendant compensation rate will be adjusted effective on the sixty-first
day of the contract with DHS.
]
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. [
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
an attendant compensation rate component will be calculated for participating
contracts from subsection (k) of this section and for the first 60 days of
a new contract from subsection (g) of this section as follows.
]
will be calculated
] for nonparticipating contracts 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.
Subchapter D. REIMBURSEMENT METHODOLOGY FOR THE INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION (ICF/MR) PROGRAM