(a) The following words and terms, when used in this section, have the following meanings:
  (1) CIL--A center for independent living as defined under Texas Human Resources Code §117.001(1-a).
  (2) HHSC--The Texas Health and Human Services Commission or its designee.
  (3) Program--The independent living services program pursuant to Texas Human Resources Code §117.079.
(b) This section applies to independent living services contracts, whether by grant or other form of agreement, under the Program.
(c) In contracting with a CIL to provide independent living services under the Program, HHSC considers, as applicable:
  (1) governing law, rules, and regulations;
  (2) the CIL's ability to provide the services sought to be contracted;
  (3) the CIL's performance monitoring data generated pursuant to Texas Human Resources Code §117.080(d);
  (4) any of the CIL's subcontractors performing services under the Program; and
  (5) any other factors that HHSC determines necessary or reasonable.
(d) In contracting with organizations or other persons that are not CILs to provide independent living services under the Program, HHSC considers, as applicable:
  (1) governing law, rules, and regulations;
  (2) the organization's or other person's ability to provide the services sought to be contracted;
  (3) the organization's or other person's performance monitoring data generated under the Program; and
  (4) any other factors that HHSC determines necessary or reasonable.
(e) In contracting with organizations and other persons to provide independent living services under the Program, CILs must consider:
  (1) governing law, rules, and regulations; and
  (2) other factors that HHSC determines necessary or reasonable.
(f) HHSC monitors contracts with CILs and organizations or other persons that provide independent living services through contracts with HHSC under the Program in accordance with HHSC's contract management handbook published pursuant to Texas Government Code §2261.256.
(g) Each CIL that contracts with organizations or other persons to provide independent living services under the Program is required to monitor its contracts. Each CIL must also report subcontract performance data to HHSC, as required by its contract. Contract monitoring under this subsection is subject to review by HHSC in performance monitoring pursuant to Texas Human Resources Code §117.080(d).

Source Note: The provisions of this §392.901 adopted to be effective August 31, 2016, 41 TexReg 6476