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Crosswalk for Texas Administrative Code Title 26, Part 1, Chapter 52, Contracting for Community Services (Previously TAC Title 40, Part 1, Chapter 49)

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The Texas Health and Human Services Commission (HHSC) administratively transferred the Texas Administrative Code (TAC) Title 40, Part 1, Chapter 49 to Title 26, Part 1, Chapter 52. This chapter governs requirements of contractors for community services and programs. As a result of the administrative transfer, rules cross-referenced within Chapter 52 still reference the previous location in Chapter 49. HHSC is undertaking a rule project to correct cross-referenced sections. Until those rules are promulgated, HHSC is providing this information to ensure providers have a crosswalk between 26 TAC Chapter 52 and 40 TAC Chapter 49. If providers have any additional questions, please contact your assigned contract manager. 

 

 

Crosswalk of Administrative Transfer of 40 TAC Chapter 49 to 26 TAC Chapter 52

Rules prior to 4/29/2024

Title 40. Social Services and Assistance

Part 1. Department of Aging and Disability Services

Chapter 49. Contracting for Community Services

Rules as of 4/29/2024

Title 26. Health and Human Services

Part 1. Texas Health and Human Services Commission

Chapter 52. Contracting for Community Services

Subchapter A. Application and DefinitionsSubchapter A. Application and Definitions
§49.101 Application§52.1 Application
§49.102 Definitions§52.3 Definitions
Subchapter B. Contractor EnrollmentSubchapter B. Contractor Enrollment
§49.201 Contractors Not Subject to Certain Portions of Subchapter B§52.25 Contractors Not Subject to Certain Portions of Subchapter B
§49.202 Provisional Contract§52.27 Provisional Contract
§49.203 Provisional Contract Application Process§52.29 Provisional Contract Application Process
§49.204 Additional Provisional Contract Application Requirements§52.31 Additional Provisional Contract Application Requirements
§49.205 License, Certification, Accreditation, and Other Requirements§52.33 License, Certification, Accreditation, and Other Requirements
§49.206 Ineligibility Due to Criminal History§52.35 Ineligibility Due to Criminal History
§49.207 Provisional Contract Application Denial§52.37 Provisional Contract Application Denial
§49.208 Provisional Contract Application Approval§52.39 Provisional Contract Application Approval
§49.209 Standard Contract§52.41 Standard Contract
§49.210 Contractor Change of Ownership or Legal Entity§52.43 Contractor Change of Ownership or Legal Entity
§49.211 Religious Organization Applicants§52.45 Religious Organization Applicants
Subchapter C. Requirements of a ContractorSubchapter C. Requirements of a Contractor
§49.301 Contractors Not Subject to Certain Portions of Subchapter C§52.101 Contractors Not Subject to Certain Portions of Subchapter C
§49.302 General Requirements§52.103 General Requirements
§49.303 Confidentiality of Information§52.105 Confidentiality of Information
§49.304 Background Checks§52.107 Background Checks
§49.305 Records§52.109 Records
§49.306 Electronic Visit Verification System§52.111 Electronic Visit Verification System
§49.307 Record Retention and Disposition§52.113 Record Retention and Disposition
§49.308 Subcontracts§52.115 Subcontracts
§49.309 Complaint Process§52.117 Complaint Process
§49.310 Abuse, Neglect, and Exploitation Allegations§52.119 Abuse, Neglect, and Exploitation Allegations
§49.311 Claims Payment§52.121 Claims Payment
§49.312 Personal Attendants§52.123 Personal Attendants
§49.313 Day Habilitation Requirements in the HCS Program, the TxHmL Program, and the DBMD Program and Prevocational Services Requirements in the CLASS Program§52.125 Day Habilitation Requirements in the HCS Program, the TxHmL Program, and the DBMD Program and Prevocational Services Requirements in the CLASS Program
Subchapter D. Monitoring and Investigation of a ContractorSubchapter D. Monitoring and Investigation of a Contractor
Division 1. Applicability of SubchapterDivision 1. Applicability of Subchapter
§49.401 Contractors Not Subject to Subchapter D§52.201 Contractors Not Subject to Subchapter D
Division 2. Monitoring and InvestigationDivision 2. Monitoring and Investigation
§49.411 Contract and Fiscal Monitoring§52.211 Contract and Fiscal Monitoring
§49.413 Investigation§52.213 Investigation
§49.414 Financial Review§52.215 Financial Review
Subchapter E. Enforcement by HHSC, Termination by Contractor, and No Offer of Standard Contract by HHSCSubchapter E. Enforcement by HHSC, Termination by Contractor, and No Offer of Standard Contract by HHSC
Division 1. Applicability of SubchapterDivision 1. Applicability of Subchapter
§49.501 Contractors Not Subject to Certain Portions of Subchapter E§52.231 Contractors Not Subject to Certain Portions of Subchapter E
Division 2. Immediate ProtectionDivision 2. Immediate Protection
§49.511 Immediate Protection and Immediate Protection Plan§52.251 Immediate Protection and Immediate Protection Plan
Division 3. ActionsDivision 3. Actions
§49.521 Action by HHSC§52.271 Action by HHSC
§49.522 Corrective Action Plan§52.273 Corrective Action Plan
§49.523 Referral Hold§52.275 Referral Hold
Division 4. SanctionsDivision 4. Sanctions
§49.531 Sanction by HHSC§52.301 Sanction by HHSC
§49.532 Vendor Hold§52.311 Vendor Hold
§49.533 Recoupment§52.313 Recoupment
§49.534 Termination of Contract by HHSC§52.315 Termination of Contract by HHSC
§49.535 Administrative Penalties in the HCS and TxHmL Programs§52.317 Administrative Penalties in the HCS and TxHmL Programs
Division 5. AppealsDivision 5. Appeals
§49.541 Contractor's Right to Appeal§52.351 Contractor's Right to Appeal
Division 6. Contractor Terminating Contract or Not Entering into Standard ContractDivision 6. Contractor Terminating Contract or Not Entering into Standard Contract
§49.551 Contractor Terminating Contract or Not Entering into a Standard Contract§52.371 Contractor Terminating Contract or Not Entering into a Standard Contract
Division 7. HHSC Does Not Offer a Standard ContractDivision 7. HHSC Does Not Offer a Standard Contract
§49.561 HHSC Does Not Offer a Standard Contract§52.391 HHSC Does Not Offer a Standard Contract
Subchapter F. Review by HHSC of Expiring or Terminated ContractSubchapter F. Review by HHSC of Expiring or Terminated Contract
§49.601 HHSC Review and Contractor Requirements Related to Expiring or Terminated Contract§52.601 HHSC Review and Contractor Requirements Related to Expiring or Terminated Contract
Subchapter G. Application Denial PeriodSubchapter G. Application Denial Period
§49.701 Contractors Not Subject to Subchapter G§52.701 Contractors Not Subject to Subchapter G
§49.702 Application Denial Period§52.702 Application Denial Period