(a) Unless prohibited by law, a contractor must provide at least 120 days notice before terminating or non-renewing a contract to provide adequate time for DARS to provide statewide coverage by securing a new contractor.
(b) During the transition to the new contractor, the existing contractor must:
  (1) continue to provide services to families;
  (2) continue to cooperate with DARS;
  (3) continue to participate in Texas Health and Human Services Commission's Random Moment Time Study;
  (4) continue to file Medicaid Administrative Claims as appropriate;
  (5) continue to bill other funding sources; and
  (6) assist with the transition of families and children, including the secure transfer of all client files, to the new contractor(s).
(c) Unless prevented by law, or unless as a result of an adverse action on the contract, DARS will provide at least 90-days notice before nonrenewing a contract.
(d) In order to provide statewide coverage as required by the Individuals with Disabilities Education Improvement Act Part C, DARS may employ an exception to a competitive procurement in the case of a contract termination for which a competitive procurement to replace the contractor is not practical to avoid a significant risk to services to children and families.
(e) DARS may employ an exception to a competitive procurement when a contractor's enrollment falls to a level that creates a financial risk to DARS.

Source Note: The provisions of this §392.109 adopted to be effective June 17, 2015, 40 TexReg 3638