Revision 98-1; Effective January 15, 1998


§49.5. Contract Assignment.

(a) A contract assignment must be made as part of an ownership change, a change in tax status, or a transfer from one legal entity to another through a legal process. No assignment is effective until approved, in writing, by the Texas Department of Human Services (DHS).

(b) If the provider agency plans to assign a contract, the assignor must inform the appropriate DHS staff, in writing, at least 60 days before assigning the contract. This notification must include the legal name of the entity that will be assuming the contract and must be submitted as soon as the provider agency decides to assign the contract. If the provider agency fails to provide this information in a timely manner, the contract assignment may be delayed. DHS reserves the right to deny any assignment if it is not in the best interest of DHS or its clients.

(c) If a contract assignment application is not completed according to subsection (e) of this section, DHS considers it unacceptable and returns it to the assignor.

(d) If the assignee does not meet the conditions for contracting, DHS immediately terminates the assignor's contract and transfers all clients to another provider agency.

(e) Before an assignment is made, the assignee must follow the requirements stipulated in paragraphs (1)-(3) of this subsection:

(1) resolve all audits completed or in progress;

(2) prepare a contract assignment agreement which includes the following statements:

(A) the reason(s) for the contract assignment;

(B) that both the assignee and assignor are each responsible for collecting and reporting financial and statistical data on DHS's cost report that corresponds to its respective contract periods;

(C) DHS reserves the right to require restitution for any audit exceptions from either agency;

(D) any adverse action pending or in place when the contract is assigned is applied to both the assignee and the assignor;

(E) the assignee adheres to the service contract, reimbursement method and amount, service delivery requirements, and standards established by DHS; and

(F) the assignee meets all service criteria for being a provider agency. Documentation of eligibility must be provided before DHS will agree to a contract assignment;

(3) include the following information in the contract assignment agreement:

(A) identify both legal entities;

(B) identify the current contract number(s) and service(s) to be assigned;

(C) be notarized and signed by the person authorized for each legal entity; and

(D) include a line for DHS's representative to sign and approve.

(f) The effective date of the contract assignment is the first day of the following month after the application has been fully processed by DHS. DHS may award a contract at an earlier date if it is in DHS's best interest.

All contract assignments must be completed according to these guidelines. Format and context of the contract assignment must be followed before the contract assignment can be made. Additionally, the assignee must complete a new enrollment application.

The contract assignment packet, which includes the assignee's enrollment application and the contract assignment, must be completed and returned to:

Texas Department of Human Services
Community Care Section, MC W-521
P.O. Box 149030
Austin Texas 78714-9030

DHS's Office of General Counsel must review and approve all contract assignments prior to their execution. The effective date of the contract assignment is the first day of the month after the application has been fully processed.