Library: Policy

DHS:2-25-4. Contracts

Revised 6-24-19

(a) Contract review.Legal Services (LS) contract reviews are limited to a determination of whether the contract is legally sufficient to accomplish its stated objectives.

(1) LS does not review contracts for the purpose of determining if the agreement is fiscally or programmatically sound unless specifically requested.Any recommendations arising from such a review are advisory only.

(2) LS completes contract reviews within 30-calendar days of submission.Programs submitting contracts for LS review, must account for the 30-calendar day review period when determining the date the contract is to be initiated or executed.

(b) Provider contracts.Annual provider contracts reviewed by LS during the prior fiscal year are not submitted to LS for formal review unless:

(1) a substantive change in federal or state law occurred that may affect the parties' obligations or the service to be delivered;

(2) the proposed contract contains substantive changes from the preceding year regarding either parties' obligations; or

(3) an administrator requests a review.

(c) Contract review requests.Requests for LS contract reviews are submitted in writing and:

(1) contain a concise statement reflecting the nature and purpose of the contract;

(2) contain legal authorities, when known that support or authorize entering into the contract; and

(3) if previous contracts exist with the same entity of the same or a similar nature, and, when so, include a:

(A) copy of the previous contract; and

(B) description of any identified deficiency with the previous contract.