Section 52.39 - Provisional Contract Application Approval(a) HHSC approves a provisional contract application if it is not denied in accordance with § 49.207 of this subchapter (relating to Provisional Contract Application Denial).(b) If HHSC approves a provisional contract application, HHSC: (1) provides written notification to the applicant;(2) enters into a provisional contract with the applicant; and(3) except as provided in § 49.302(b) of this chapter (relating to General Requirements), places the contract on the choice list for the program or service covered by the provisional contract.(c) HHSC may subject a provisional contract to conditions in accordance with 1 TAC Chapter 352 (relating to Medicaid and the Children's Health Insurance Program Provider Enrollment) and 1 TAC Chapter 371, Subchapter E (relating to Provider Disclosure and Screening).(d) The effective date of a provisional contract is as follows: (1) if the applicant applied for the contract in accordance with § 49.210(a)(2) of this subchapter (relating to Contractor Change of Ownership or Legal Entity), the effective date is the effective date of the change of ownership or legal entity of the contractor; or(2) for an applicant other than one described in paragraph (1) of this subsection, the effective date is determined by HHSC.(e) HHSC and a contractor may agree, in writing, to extend the term of a provisional contract. A provisional contract may be extended only once and for no more than one year. The extension of a provisional contract is not a decision by HHSC that it will offer the contractor a standard contract.26 Tex. Admin. Code § 52.39
Transferred from 40 TAC § 49.208 Texas Register, Volume 49, Number 13, March 29, 2024, TexReg 2091, eff. 4/29/2024