(a) A contractor that is required to have a license, as described in §49.302(a) of this subchapter (relating to General Requirements), must comply with licensure requirements regarding criminal history record checks, the HHSC employee misconduct registry and the HHSC nurse aide registry for employees, subcontractors, and volunteers.
(b) A contractor that is not required to have a license, as described in §49.302(a) of this subchapter, must:
  (1) before offering employment to an unlicensed applicant for employment or contracting with an unlicensed potential subcontractor, obtain directly or through a private agency the criminal history record of the applicant or potential subcontractor from the Department of Public Safety (DPS);
  (2) before accepting an unlicensed volunteer applicant for a volunteer position that directly interacts with an individual, obtain directly or through a private agency the criminal history record of the applicant from DPS;
  (3) review the criminal history record of the unlicensed applicant or potential subcontractor;
  (4) not employ an unlicensed applicant for employment, contract with an unlicensed potential subcontractor, or accept an unlicensed applicant for a volunteer position, for the time periods set forth in Texas Health and Safety Code, §250.006, if the applicant or potential subcontractor has been convicted of an offense listed in Texas Health and Safety Code, §250.006; and
  (5) not employ an unlicensed applicant for employment, contract with an unlicensed potential subcontractor, or accept an unlicensed applicant for a volunteer position if the applicant or potential subcontractor has been convicted of an offense that the contractor determines is a contraindication to the applicant's employment, contracting, or volunteering.
(c) A contractor that is not required to have a license, as described in §49.302(a) of this subchapter, must:
  (1) before offering employment to an unlicensed applicant for employment or contracting with an unlicensed potential subcontractor, search the HHSC employee misconduct registry and the HHSC nurse aide registry for the name of the applicant or potential subcontractor;
  (2) before accepting an unlicensed volunteer applicant for a volunteer position that directly interacts with an individual, search the HHSC employee misconduct registry and the HHSC nurse aide registry for the name of the applicant;
  (3) not employ an unlicensed applicant for employment, contract with a unlicensed potential subcontractor, or accept an unlicensed applicant for a volunteer position that directly interacts with an individual if the applicant or potential subcontractor is listed on:
    (A) the HHSC employee misconduct registry as unemployable; or
    (B) the HHSC nurse aide registry as revoked or suspended;
  (4) within five business days after hiring an unlicensed employee, contracting with an unlicensed subcontractor, or accepting an unlicensed volunteer for a position that directly interacts with an individual, provide written information to the employee, subcontractor, or volunteer that a person listed on the HHSC employee misconduct registry is not permitted to be employed by, contract with, or volunteer for the contractor;
  (5) at least once every twelve months after hiring an unlicensed employee, contracting with an unlicensed subcontractor, or accepting an unlicensed volunteer for a position that directly interacts with an individual, search the HHSC employment misconduct registry and the HHSC nurse aide registry for the name of the employee, subcontractor, or volunteer; and
  (6) not continue to employ an unlicensed employee, contract with an unlicensed subcontractor, or use an unlicensed volunteer for a position that directly interacts with an individual if the employee, subcontractor, or volunteer is listed on:
    (A) the HHSC employee misconduct registry as unemployable; or
    (B) the HHSC nurse aide registry as revoked or suspended.
(d) A contractor must:
  (1) before contracting with a potential subcontractor or offering employment to an applicant for employment, search the Debarred Vendor List maintained by the Texas Comptroller of Public Accounts; and
  (2) not contract with the potential subcontractor or employ the applicant if the potential subcontractor or applicant is listed on the Debarred Vendor List and the period of debarment has not expired.
(e) A contractor must develop and implement a policy that requires an employee, volunteer, or subcontractor to report to the contractor if any of the information obtained in accordance with subsection (b)(1), (c)(1), or (d)(1) of this section has changed. If a contractor becomes aware that information the contractor obtained in accordance with subsection (b)(1), (c)(1), or (d)(1) of this section was erroneous or has subsequently changed so the contractor would not be allowed to employ the person, contract with the person, or accept the person for volunteer status in accordance with subsection (b)(3) or (4), (c)(2), or (d)(2) of this section, the contractor must terminate the person's employment, volunteer status, or contract.
(f) A contractor must:
  (1) review the LEIE maintained by the United States Department of Health and Human Services, Office of Inspector General, and the LEIE maintained by the HHSC Office of Inspector General:
    (A) before hiring an applicant for employment or contracting with a potential subcontractor; and
    (B) at least monthly, for each employee and subcontractor;
  (2) not employ an applicant for employment or contract with a potential subcontractor to perform any duties that may be paid for directly or indirectly through a contract if the applicant or potential subcontractor is listed on either LEIE described in paragraph (1) of this subsection;
  (3) prohibit an employee or subcontractor listed on either LEIE described in paragraph (1) of this subsection from performing any duties that may be paid for directly or indirectly through a contract; and
  (4) if an employee or subcontractor is listed on either LEIE described in paragraph (1) of this subsection, immediately report to the HHSC Office of Inspector General, in accordance with the self-reporting protocol of the HHSC Office of Inspector General:
    (A) the identity of an excluded employee or subcontractor; and
    (B) the amount paid by the contractor to the employee or subcontractor for services provided under a contract.

Source Note: The provisions of this §52.107 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