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<br />end of the applicable term. <br /> <br />Section 4.06 Third Party Payon. A third party payor is any person or entity <br />who has the legal responsibility for paying for all or part of the services provided, <br />including commercial health or liability insurance carriers, Medicaid, or other <br />federal, state, local, and private funding sources. Except as provided in the <br />Contract, Contractor shall screen all clients and shall not bill the Department for <br />services eligible for reimbursement from third party payors. Contractor shall: (a) <br />enroll as a provider in Children's Health Insurance Plan and Medicaid if providing <br />approved services authorized under the Contract that may be covered by those <br />programs, and bill those plans for the covered services; (b) provide assistance to <br />individuals to enroll in such programs when the screening process indicates possible <br />eligibility for such programs; (c) allow clients that are otherwise eligible for <br />Department services, but cannot pay a deductible required by a third party payor, to <br />receive services up to the amount of the deductible and to bill the Department for <br />the deductible; (d) not bill the Department for any services eligible for third party <br />reimbursement until all appeals to third party payors have been exhausted; (e) <br />maintain appropriate documentation from the third party payor reflecting attempts <br />to obtain reimbursement; (f) bill all third party payors for services provided under <br />this Contract before submitting any request for reimbursement to Department; and <br />(g) provide third party billing functions at no cost to the client. <br /> <br />ARTICLE V <br /> <br />TERMS AND CONDITIONS OF PAYMENT <br /> <br />Section 5.01 Prompt Payment. Upon receipt of a timely, undisputed invoice <br />pursuant to this Contract, Department will pay Contractor. Payments and <br />reimbursements are contingent upon a signed Contract and will not exceed the total <br />of authorized funds under this Contract. Contractor is entitled to payment or <br />reimbursement only if the service, work, and/or product has been authorized by the <br />Department and performed or provided pursuant to the Contract. If those <br />conditions are met, Department will make payment in accordance with the Texas <br />prompt payment law (TEX. GOy'T. CODE, Chapter 2251). Contractor must comply <br />with TEX. GOy'T. CODE, Chapter 2251 regarding its prompt payment obligations to <br />subcontractors. Payment of invoices by the Department shall not constitute <br />acceptance or approval of Contractor's performance, and all invoices and <br />Contractor's performance is subject to audit or review by the Department. <br /> <br />Section 5.02 Withholding Payments. Department may withhold all or part of <br />any payments to Contractor to offset reimbursement for any ineligible expenditures <br />or overpayments that Contractor has not refunded to Department, or if financial <br />status report(s) required by the Department are not submitted by the date(s) due. <br />Department may take repayment from funds available under this Contract, active or <br />expired, in amounts necessary to fulfill Contractor's repayment obligations. <br /> <br />Section 5.03 Condition Precedent to Requesting Payment. Contractor shall <br />disburse program income, rebates, refunds, contract settlements, audit recoveries, <br />and interest earned on such funds before requesting cash payments including any <br /> <br />General Provisions (Core Subrecipient 2008) <br /> <br />6/12/2007 <br /> <br />9 <br />