Exhibit F, Statement of Work (SOW).pdf

RFQ No. HHS0017139 Exhibit F

Contents

STATEMENT OF WORK

2.1 DESCRIPTION OF SERVICES

2.1.1 Background

2.1.2 Laws, Rules and Regulations

2.1.3 Requirements for the Informal Dispute Resolution Process

2.1.4 Contractor Qualifications and Additional Requirements

2.1.5 Texas Risk and Authorization Management Plan (TX-RAMP)

2.1.6 Agency Roles and Responsibilities

2.1.7 Deliverables

2.1.8 Levels of Service and Performance Measures

2.1.9 Liquidated Damages

2.1.10 Pricing and Payment Schedules/Milestones

2.2 CONFERENCING REQUIREMENTS

STATEMENT OF WORK

2.1 DESCRIPTION OF SERVICES

HHSC’s mission for this Contract is to engage the services of an appropriate disinterested organization to perform Informal Dispute Resolution (IDR) reviews for Nursing Facilities (NFs), Assisted Living Facilities (ALFs) and Intermediate Care Facilities (ICF/IIDs) (collectively, Facilities).

HHSC’s objective for this Contract is to ensure comprehensive reviews are performed by appropriate disinterested persons within the required timeframes.

2.1.1 Background

On July 1, 1995, as part of its nursing home enforcement requirements, the Centers for Medicare and Medicaid Services (CMS) required states to establish an IDR process in accordance with eCFR :: 42 CFR 488.331 -- Informal dispute resolution, available at https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-488/subpart-E/section-

488.331. The purpose of the IDR process is to provide Facilities an opportunity to informally dispute survey findings. The process is required to be performed in an informal manner.

https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-488/subpart-E/section-488.331

RFQ No. HHS0017139 Exhibit F

The legacy Texas Department of Aging and Disability Services (DADS), as the Texas State survey agency, was originally responsible for administering an IDR process for NFs and skilled nursing facilities. The process was conducted by DADS until Senate Bill (S.B.) 1839, available at https://capitol.texas.gov/tlodocs/77R/billtext/html/SB01839F.htm, was enacted during the 77th Legislature, Regular Session in 2001, which transferred the IDR function to HHSC effective January 1, 2002.

Pursuant to S.B. 304, 84th Legislature, Regular Session, HHSC was required to contract with an appropriate Disinterested person to adjudicate disputes between an institution or facility licensed under Chapter 242 of the Texas Health and Safety Code and HHSC Long-term Care Regulatory, concerning a statement of violations prepared in connection with a survey conducted by HHSC Long-term Care Regulatory. Section 2009.053 of the Texas Government Code (Title 10., Subtitle A, Chapter 2009, Subchapter A) does not apply to the selection of an appropriate disinterested person under this subsection.

HHSC seeks Contractors to perform IDR services related to NFs, ALFs, and ICF/IIDs.

2.1.2 Laws, Rules and Regulations

The IDR reviews conducted must comply with all applicable federal and State laws and policy, including but not limited to: Texas Government Code, Title 4, Chapter 526, Subchapter A, Rule § 526.0202, available at https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.526&artSec=, Texas Administrative Code, Title 1, Part 15, Chapter 393, Rule § 393.1, available at https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=06%2F11%2F2025&rec ordId=203762 and § 393.2, available at https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=06%2F11%2F2025&rec ordId=203763 and 42 C.F.R. § 488.331, available at https://www.ecfr.gov/current/title-42/chapter- IV/subchapter-G/part-488/subpart-E/section-488.331 Chapter 7 of the CMS State Operations Manual (SOM), available at https://www.cms.gov/regulations-and-guidance/guidance/manuals/downloads/som107c07pdf.pdf Appendix PP, available at https://www.cms.gov/medicare/provider-enrollment-and-certification/guidanceforlawsandregulations/downloads/appendix-pp-state-operations-manual.pdf) Appendix J, available at https://www.cms.gov/Regulations-and- Guidance/Guidance/Manuals/downloads/som107ap_j_intermcare.pdf and/or Appendix Q, available at https://www.cms.gov/Regulations-and- Guidance/Guidance/Manuals/downloads/som107ap_q_immedjeopardy.pdf) (for deficiencies constituting Immediate Jeopardy.

According to Chapter 7 of the CMS SOM: States should be aware that CMS holds them accountable for the legitimacy of the informal dispute resolution process including the accuracy and reliability of conclusions that are drawn with respect to survey findings. This means that while States may have the option to involve outside persons or entities they believe to be https://capitol.texas.gov/tlodocs/77R/billtext/html/SB01839F.htm https://capitol.texas.gov/tlodocs/77R/billtext/html/SB01839F.htm https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.526&artSec= https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.526&artSec= https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=06%2F11%2F2025&recordId=203762 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=06%2F11%2F2025&recordId=203762 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=06%2F11%2F2025&recordId=203763 https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-488/subpart-E/section-488.331 https://www.cms.gov/regulations-and-guidance/guidance/manuals/downloads/som107c07pdf.pdf https://www.cms.gov/regulations-and-guidance/guidance/manuals/downloads/som107c07pdf.pdf https://www.cms.gov/medicare/provider-enrollment-and-certification/guidanceforlawsandregulations/downloads/appendix-pp-state-operations-manual.pdf https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/downloads/som107ap_j_intermcare.pdf https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/downloads/som107ap_q_immedjeopardy.pdf

RFQ No. HHS0017139 Exhibit F qualified to participate in this process, it is the States, not outside individuals or entities that are responsible for informal dispute resolution decisions. So, when an outside entity conducts the informal dispute resolution process, the results may serve only as a recommendation of noncompliance or compliance to the State.

Contractor must structure the process such that it will provide an informal review of all deficiencies/violations requested by a facility to determine compliance/non-compliance with applicable federal and State requirements.

2.1.3 Requirements for the Informal Dispute Resolution Process

2.1.3.1 Receipt of Statement of Deficiencies (Form 2567) and/or Statement of Licensing Violations (Form 3724)

a. Facilities must receive notification of a regulatory deficiency/violation from HHSC Long-term Care Regulatory via one of two official forms. These include:

1. Statement of Deficiencies (Form 2567); and/or

2. Statement of Licensing Violations (Form 3724).

b. No later than the 10th calendar day after receipt of either Form 2567 and/or Form 3724 from HHSC Long Term Care Regulatory Facilities, if they disagree with the findings, are required to provide a written request for an IDR on the form designated by HHSC (IDR request form) to the HHSC IDR department. If the 10th calendar day falls on a Saturday, Sunday, or legal holiday, the written request will be due no later than the next business day.

c. The submission of the IDR Request Form to the HHSC IDR department initiates the IDR process.

2.1.3.2 IDR Process

At a minimum, the IDR process shall require:

a. HHSC IDR department to provide the Contractor and HHSC Long-term Care Regulatory with the IDR Request Form.

b. Facilities to submit a written rebuttal letter and attached supporting documentation to the Contractor for review in accordance with the timelines in Texas Administrative Code: Title 1, Part 15, Chapter 393, Rule § 393.1, available at https://texas- 0sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=06%2F11% 2F2025&recordId=203762 and § 393.2, available at https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=06%2F11% 2F2025&recordId=203763.

c. Contractor to facilitate sharing of all documentation submitted by either party in the dispute.

https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=06%2F11%2F2025&recordId=203762 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=06%2F11%2F2025&recordId=203763

RFQ No. HHS0017139 Exhibit F

d. Contractor will provide Facilities with the option of a desk review or a telephone/virtual conference. All review options for the IDR process must be free of charge to the facility. The HHSC surveyor who conducted the survey/investigation must be available during the IDR conference, if any, to clarify or answer questions being asked of the Contractor or facility.

e. All IDR timeframes to be computed in accordance with Texas Government Code §311.014, available at https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.311&artSec=311.014.

f. Contractor to provide two levels of review for each IDR completed.

1. The first review will be a comprehensive review performed by an IDR reviewer with qualification and experience as described in Section 2.1.4.2 Staff Qualifications and

2.1.4.3 Contractor Experience who has regulatory expertise in areas that include, but are not limited to, medicine, nursing, and building, fire, and life safety codes.

2. The second review will be performed by a position of oversight. This will ensure a sound review with appropriate recommendations of compliance or non-compliance with applicable State and Federal requirements.

g. For quality of care deficiencies/violations, the review referenced above in (f) shall be conducted by a registered nurse with long-term care experience.

h. Contractor to distribute the written record to the HHSC IDR department no later than the 25th calendar day of the IDR process for NFs and ICFs, and no later than the 80th calendar day for ALFs. The Contractor must submit the written record of the completed IDR, along with all documentation used in the review process. At a minimum, the Contractor must submit the facility's rebuttal letter, supporting documentation, and any other materials used in the decision-making process. If the 25th or 80th calendar day falls on a Saturday, Sunday, or legal holiday, the written record distribution is due no later the next business day for each.

i. Contractor to recommend revisions to an IDR outcome as a result of a review by HHSC determining that the IDR outcome violates a Federal law, regulation, or the CMS SOM.

2.1.3.3 IDR Outcomes

Possible IDR outcomes can include but are not limited to the following determinations:

a. Insufficient evidence to sustain a deficiency/violation;

b. Insufficient evidence to sustain a portion or a finding of a deficiency/violation;

c. Sufficient evidence to sustain a deficiency/violation;

d. Insufficient evidence to sustain the deficiency/violation as cited but that there is sufficient evidence to sustain a different citation;

https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.311&artSec= https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.311&artSec=311.014

RFQ No. HHS0017139 Exhibit F

e. Insufficient evidence to sustain the severity and scope assessment but that there is sufficient evidence to sustain a reduced severity and scope assessment (for Immediate Jeopardy1, Immediate Threat, or Substandard Quality of Care2 only); and/or

f. Sufficient evidence to sustain the severity and scope assessment as cited.

2.1.4 Contractor Qualifications and Additional Requirements

2.1.4.1 Appropriate Disinterested Person

According to Texas Government Code § 526.0202, the Contractor must be an appropriate disinterested person with no conflicts of interest. Texas Government Code §526.0202, available at https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.526&artSec=526.0202).

Specifically, Contractor must not have an interest in NFs, ALFs, or ICF/IIDs. Contractor must not receive any donations or support from a facility or have any member of its board or governing body employed by, or otherwise affiliated with, a facility or industry support group.

Contractor must disclose all relevant affiliations and memberships as well as board or paid positions within other entities throughout the Contract Term.

A conflict of interest is a set of facts or circumstances in which either a Contractor or anyone acting on its behalf in connection with this procurement has past, present or currently planned personal, professional or financial interests or obligations that, in HHSC’s determination, would actually or apparently conflict or interfere with the Contractor’s contractual obligations to HHSC. A conflict of interest would include circumstances in which a party’s personal, professional or financial interests or obligations may directly or indirectly:

a. Make it difficult or impossible to fulfill its contractual obligations to HHSC in a manner that is consistent with the best interests of the State of Texas;

b. Impair, diminish or interfere with that party’s ability to render impartial or objective assistance or advice to HHSC; or

c. Provide the party with an unfair competitive advantage in future HHSC procurements.

Neither the Contractor nor any other person or entity acting on its behalf, including but not

1 Immediate Jeopardy means a situation in which immediate corrective action is necessary because the provider’s noncompliance with one or more requirements of participation or conditions of participation has caused, or is likely to cause, serious injury, harm, impairment, or death to an individual receiving care in a facility. (42 CFR §488.301).

2 Substandard quality of care means one or more deficiencies related to participation requirements under § 483.10 “Resident rights”, paragraphs (a)(1) through (a)(2), (b)(1) through (b)(2), (e) (except for (e)(2), (e)(7), and (e)(8)), (f)(1) through (f)(3), (f)(5) through (f)(8), and (i) of this chapter; § 483.12 of this chapter “Freedom from abuse, neglect, and exploitation”; § 483.24 of this chapter “Quality of life”; § 483.25 of this chapter “Quality of care”; §

483.40 “Behavioral health services”, paragraphs (b) and (d) of this chapter; § 483.45 “Pharmacy services”, paragraphs (d), (e), and (f) of this chapter; § 483.70 “Administration”, paragraph (p) of this chapter, and § 483.80 “Infection control”, paragraph (d) of this chapter, which constitute either immediate jeopardy to resident health or safety; a pattern of or widespread actual harm that is not immediate jeopardy; or a widespread potential for more than minimal harm, but less than immediate jeopardy, with no actual harm. (42 CFR §488.301).

https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.526&artSec=526.0202 https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.526&artSec=526.0202 https://www.ecfr.gov/current/title-42/section-483.10 https://www.ecfr.gov/current/title-42/section-483.12 https://www.ecfr.gov/current/title-42/section-483.24 https://www.ecfr.gov/current/title-42/section-483.25 https://www.ecfr.gov/current/title-42/section-483.40 https://www.ecfr.gov/current/title-42/section-483.40 https://www.ecfr.gov/current/title-42/section-483.45 https://www.ecfr.gov/current/title-42/section-483.70 https://www.ecfr.gov/current/title-42/section-483.80

RFQ No. HHS0017139 Exhibit F limited to subcontractors, employees, agents and representatives, may have a conflict of interest with respect to this procurement.

The Contractor should carefully review the agency’s affirmations for additional information concerning conflicts of interests. A Contractor must certify that it does not have personal or business interests that present a conflict of interest with respect to the RFQ and resulting contract. Additionally, if applicable, the Contractor must disclose all potential conflicts of interest. The Contractor must describe the measures it will take to ensure that there will be no actual conflict of interest and that its fairness, independence and objectivity will be maintained. HHSC will determine to what extent, if any, a potential conflict of interest can be mitigated and managed during the term of the contract. Failure to identify potential conflicts of interest may result in HHSC’s disqualification of a proposal or termination of the contract.

2.1.4.2 Staff Requirements

a. Contractor’s staff must include at least one (1) Registered Nurse with long-term care experience.

b. Contractor must ensure that all staff certifications, registrations, licenses, and permits required by State law, as well as the profession, remain in good standing during the period of the Contract.

c. Contractor must ensure staff maintains all continuing education requirements set forth by the profession.

d. Contractor must provide copies of any continuing education or in-services that staff acquires while the Contract is in effect.

e. Contractor must inform HHSC in writing within five (5) business days of any changes to certifications, registrations, licenses, or permits of staff.

2.1.4.3 Contractor Experience

a. Contractor organization must have five (5) years of experience conducting Informal Dispute

Resolution (IDRs) reviews as an independent entity.

b. To ensure sound reviews, the Contractor and Contractor’s staff must have:

1. Relevant experience in, or with, long-term care;

2. Knowledge of the applicable State and Federal regulations for the Facilities in Texas;

3. Regulatory expertise; and

4. Relevant experience in areas that include, but are not limited to:

A. Medicine;

B. Nursing; and

C. Building, fire, and life safety codes.

RFQ No. HHS0017139 Exhibit F

2.1.4.4 Staff Changes

In the event the Contractor determines a change of an IDR reviewer is required, or HHSC requests the replacement of an IDR reviewer, the Contractor shall ensure that HHSC:

a. Receives five (5) Business Days’ notice prior to removal of any IDR reviewer; and

b. Has the right to review the experience/qualifications/credentials of the proposed new IDR reviewer and approve the proposed team member replacement.

2.1.4.5 Additional Requirements

a. Contractor is responsible to provide adequate ongoing training for the Contractor's staff conducting IDRs on current state and federal requirements, guidelines, and standards of practice.

b. Contractor will begin to receive IDR requests and must ensure implementation by the operational start date (60 calendar days after the Contract execution, and if the 60th calendar day falls on a Saturday, Sunday, or legal holiday, the operational start date will be the next business day). The project will continue in accordance with the Contract period.

c. Contractors must have the ability to evaluate and complete each requested IDR as described in Section 2.1.3, Requirements for the Informal Dispute Resolution Process, of this Exhibit F, Statement of Work (SOW).within the contractual deadlines, regardless of complexity.

2.1.4.6 Online Portal Requirements

The Contractor shall provide and operate a secure online portal that is acceptable and accessible by HHSC IDR department and meets all the requirements herein.

a. The online portal must have the capacity and functionality to securely store, manage, and maintain IDR requests and reports;

b. The Contractor will create the case/event in the portal;

c. The Contractor will include the fields listed below to identify the IDR request;

1. Facility name;

2. Event ID;

3. Review type (desk, phone, or video);

4. Date request received; and

5. Deficiencies/Violations requested for review and recommended outcomes.

d. The facility/provider will upload the rebuttal information and IDR Conference Questionnaire (if indicated) into the portal;

RFQ No. HHS0017139 Exhibit F

e. The online portal must be capable of sending an alert via email to HHSC IDR staff when rebuttal information is submitted and when the review is complete;

f. The online portal must provide HHSC IDR department access to export facility/provider rebuttal information and the Contractor’s final reports;

g. The online portal must provide the transfer of all data if requested by HHSC IDR department that is maintained in the portal pursuant to the terms of the Contract in a manner and format acceptable to HHSC IDR department within the time specified by HHSC IDR department;

h. The online portal must be operational 95% of the time during the term of the Contract;

i. The online portal must notify HHSC IDR department, at the minimum, one (1) Business Day prior to scheduled downtime during regular business hours;

j. The online portal must obtain HHSC IDR department written permission prior to scheduled downtime; and

k. The online portal must meet the compliance standards of TX-RAMP Level Two (2). Refer to Section 2.1.5, Texas Risk and Authorization Management Plan (TX-RAMP), of this Exhibit F, Statement of Work (SOW).

2.1.5 Texas Risk and Authorization Management Plan (TX-RAMP)

Commencing on the Effective Date and during the Contract Term, Contractor must provide Services that comply with TX-RAMP Certification Level 2. Contractor acknowledges that TX-RAMP Provisional Status does not satisfy the TX-RAMP Certification Level 2 requirement https://dir.texas.gov/information-security/tx-ramp-eligibility-and-requirements.

2.1.6 Agency Roles and Responsibilities

a. HHSC will receive the IDR request form from the Facility within 10 calendar days (if the 10th calendar day falls on a Saturday, Sunday, or legal holiday, the receive date is the next business day) from receipt of Form 2567 and/or Form 3724 from HHSC Long Term Care Regulatory as described in Section 2.1.3, Requirements for the Informal Dispute Resolution Process, of this Exhibit F, Statement of Work (SOW).

b. HHSC will make the IDR request form publicly available on its website.

c. HHSC shall then provide the Contractor and HHSC Long-term Care Regulatory with the IDR request form within two business days of HHSC’s receipt of a timely request for an

IDR.

d. HHSC shall also provide the Contractor with the official form 2567 and/or form 3724 (as applicable) within two (2) Business Days of HHSC’s receipt of a timely IDR request form.

e. Upon receipt from Contractor of the written record containing the IDR recommendation, HHSC will perform a quality review.

f. Upon completion of the quality review, the HHSC IDR department will distribute the IDR recommendation to the facility and HHSC Long-term Care Regulatory. The recommendation https://dir.texas.gov/information-security/tx-ramp-eligibility-and-requirements https://dir.texas.gov/information-security/tx-ramp-eligibility-and-requirements

RFQ No. HHS0017139 Exhibit F will be submitted in accordance with the timeframes designated in Texas Government Code § 526.0202, available at https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.526&artSec=.

Additionally, all IDR timeframes are to be computed in accordance with Texas Government Code § 311.014, available at https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.311&artSec=.

g. The HHSC IDR contract manager will keep the Contractor up to date on new state regulations and guidance to ensure the Contractor is current on state regulatory requirements and informed of all changes in legislation that may impact the IDR process.

2.1.7 Deliverables

a. Contractor will have a documented review process that contains standard procedures to ensure a consistent and unbiased review process. At a minimum, the review process must comply with the laws and regulations specified in Section 2.1.2, Laws, Rules and Regulations and the requirements in Section 2.1.3, Requirements for the Informal Dispute Resolution Process, of this Exhibit F, Statement of Work (SOW).

b. Contactor shall produce a written report for each IDR completed. The written report must contain:

1. A review of each deficiency/violation;

2. Clearly state the recommended outcome for each deficiency/violation;

3. Provide regulatory support for the outcome; and

4. Any materials used in the review process shall be referenced in the written report.

c. Upon completion, the written report should be submitted directly to the HHSC IDR department or maintained in a secure online portal as referenced in Section 2.1.4.6, Online Portal Requirements, of this Exhibit F, Statement of Work (SOW). for retrieval by the HHSC IDR department.

d. If HHSC determines that the recommended outcome violates State/Federal law, the CMS SOM, or other applicable regulations, it will notify the State survey agency and/or CMS for a final decision.

2.1.8 Levels of Service and Performance Measures

2.1.8.1 Performance Standards

HHSC will monitor the performance of the Contract. All Services and Deliverables under the Contract shall be provided at a quality level acceptable to HHSC and in a manner consistent with accepted industry standard, custom, and practice. An acceptable level of quality includes, but is not limited to, a standard report for each IDR completed that is well organized and addresses all disputed deficiencies/violations.

https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.526&artSec= https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.526&artSec=

RFQ No. HHS0017139 Exhibit F

2.1.8.2 IDR Reports

IDR reports must be grammatically correct and contain clear and unbiased recommendations of compliance or non-compliance for each disputed deficiency/violation that are based on regulatory requirements.

2.1.8.3 Reporting Responses and Capabilities

The Contractor must be responsive to all requests by HHSC, including the timeliness of submitting reports. The Contractor must be able to track and retrieve all data related to all IDRs, including ad hoc reports, as requested by HHSC or CMS. The Contractor must report, at a minimum, the following information to the HHSC IDR department on a monthly basis for the previous month:

a. The number of IDR requests received;

b. The number of IDR requests denied;

c. The number of IDR requests withdrawn;

d. The number of IDR cases completed;

e. The total number of deficiencies/violations reviewed;

f. The number of deficiencies/violations deleted entirely;

g. The number of deficiencies/violations partially deleted;

h. The number of deficiencies/violations moved from one citation to another;

i. The number of deficiencies/violations with modified severity and scope; and

j. The percent of IDRs completed within statutory timeframes.

2.1.8.4 Monthly Report

Contractor shall provide a report that includes specific identifying information for all IDR requests (e.g., Event ID, facility type, tags requested for review and corresponding outcomes, etc.), no later than the 3rd calendar day of each month (if the 3rd calendar day falls on a Saturday, Sunday, or legal holiday, the report is due the next business day). Designated forms for these reporting requirements will be provided to the Contractor.

2.1.9 Liquidated Damages

Texas Government Code §2261.101 available at https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2261&artSec= requires that all State contracts contain a remedies schedule, a graduated remedies schedule, or both in accordance with that statutory section.

https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2261&artSec=

RFQ No. HHS0017139 Exhibit F

2.1.9.1 Liquidated Damages Matrix

2.1.9.2 Assessment of Liquidated Damages

Once HHSC has determined to assess liquidated damages, HHSC may notify the Contractor of the assessment(s). Failure to notify does not affect HHSC’s assessment of liquidated damages and is not a condition precedent to an assessment of liquidated damages. HHSC will withhold liquidated damages from payments to Contractor. If HHSC is unable to withhold payments, HHSC will demand payment of liquidated damages from Contractor. Contractor must make payment within 30 calendar days of HHSC’s demand. If Contractor fails to pay within the 30-day period, HHSC may pursue collection of the liquidated damages in accordance with state laws and the terms of this Solicitation.

2.1.9.3 Failure to Assess Liquidated Damages

The failure of HHSC to assess liquidated damages in any instance where HHSC is entitled to liquidated damages pursuant to the terms of this Contract shall not constitute waiver in any fashion of HHSC’s rights to assess liquidated damages.

RFQ No. HHS0017139 Exhibit F

2.1.9.4 Severability of Individual Liquidated Damages Clause

If any portion of this liquidated damages provision is determined to be unenforceable, the other portions of this provision shall remain in effect.

2.1.10 Pricing and Payment Schedules/Milestones

Contractor must timely submit properly completed invoices and supporting documents that meet HHSC requirements.

HHSC will remit payments in accordance with the Texas Government Code Chapter 2251,available at https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2251&artSec= also known as the “Prompt Payment Act.”

Invoices must be submitted to HHSC detailing the total amount due for each service provided.

Payment will be made after services are rendered and accurate and complete invoices have been received.

Illegible or incomplete documentation, which cannot be verified, will be rejected. Any services performed by Contractor which cannot be verified, will be disallowed for payment. Payment shall be made within thirty days of receipt of a correct invoice for services satisfactorily provided to HHSC. Interest shall accrue on late payments in accordance with Texas Government Code §2251.025, available at https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2251&artSec=. The invoice must comply with Texas Administrative Code Title 34, Part 1, Chapter 20, Subchapter F, Division 1, Rule §20.487v https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=04%2F07%2F2 026&recordId=208769.

2.1.10.1 Invoicing Standards

Monthly invoices must contain, at a minimum: the contract number; Contractor name, address, telephone number, email, invoice number, amount billed for services and date of the services in accordance with Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, Rule §20.287, available at https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=07%2F01%2F2 026&recordId=214413. All invoices shall be e-mailed to:

InformalDisputeResolution@hhs.texas.gov.

2.2 CONFERENCING REQUIREMENTS

The Contractor is responsible for selecting a platform that provides sufficient safeguards and security. HHSC reserves the right to change platforms, if HHSC determines that the platform selected does not conform to HHSC policies. Specifically, any virtual meeting platform used for IDR conferences must be secure to safeguard any protected health information that may be https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2251&artSec= https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2251&artSec= https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2251&artSec= https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2251&artSec= https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=04%2F07%2F2026&recordId=208769 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=04%2F07%2F2026&recordId=208769 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=07%2F01%2F2026&recordId=214413 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=07%2F01%2F2026&recordId=214413 mailto:InformalDisputeResolution@hhs.texas.gov

RFQ No. HHS0017139 Exhibit F discussed during the conference. During the conference, the Contractor’s staff must only refer to facility residents using the assigned de-identified number, (e.g., Resident #1). Additionally, the Contractor’s staff must communicate the importance of the protection of protected health information at the beginning of the conference and instruct the facilities to reference residents in the same manner.

2.2 CONFERENCING REQUIREMENTS