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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 52 - CONTRACTING FOR COMMUNITY SERVICES
SUBCHAPTER E - ENFORCEMENT BY HHSC, TERMINATION BY CONTRACTOR, AND NO OFFER OF STANDARD CONTRACT BY HHSC
SECTION/RULE §52.273 - Corrective Action Plan
Chapter Review Date 09/17/2024

(a) HHSC requires corrective action if the contractor's compliance score for a standard is less than 90 percent as described in §49.411(d) of this chapter (relating to Contract and Fiscal Monitoring).(b) HHSC may require corrective action if HHSC determines the contractor has not complied with its contract, including a determination of non-compliance described in §49.411(e) of this chapter or §49.413(e) of this chapter (relating to Investigation). Corrective action may include the contractor paying or ensuring payment to a personal attendant who was not paid the wage required by §49.312 of this chapter (relating to Personal Attendants) the difference between the amount required and the amount paid to the personal attendant.(c) If HHSC requires corrective action in accordance with subsection (a) or (b) of this section, HHSC notifies the contractor in writing that the contractor must submit and implement a written corrective action plan.(d) If HHSC notifies the contractor in accordance with subsection (c) of this section, the contractor must submit a written corrective action plan to HHSC within 10 business days after the date of the notice from HHSC.(e) A corrective action plan submitted in accordance with subsection (c) of this section must:(1) describe the non-compliance that HHSC identified from the monitoring or investigation resulting in the corrective action plan;(2) describe the activities the contractor will perform to correct or prevent the non-compliance described in paragraph (1) of this subsection from reoccurring;(3) include the title of the person responsible for performing the activities described in paragraph (2) of this subsection; and(4) include a schedule for performing the activities described in paragraph (2) of this subsection.

Source Note: The provisions of this §52.273 adopted to be effective September 1, 2014, 39 TexReg 6637; amended to be effective September 1, 2018, 43 TexReg 5230; transferred effective April 29, 2024, as published in the March 29, 2024, issue of the Texas Register, 49 TexReg 2091.

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