Goto Section: 54.630 | 54.632 | Table of Contents
FCC 54.631
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 54.631 Designation of Consortium Leader.
(a) Identifying a Consortium Leader. Each consortium seeking support from
the Healthcare Connect Fund must identify an entity or organization that
will be the lead entity (the “Consortium Leader”).
(b) Consortium Leader eligibility. The Consortium Leader may be the
consortium itself (if it is a distinct legal entity); an eligible health
care provider participating in the consortium; or a state organization,
public sector (governmental) entity (including a Tribal government entity),
or non-profit entity that is ineligible for Healthcare Connect Fund support.
Ineligible state organizations, public sector entities, or non-profit
entities may serve as Consortium Leaders or provide consulting assistance to
consortia only if they do not participate as potential vendors during the
competitive bidding process. An ineligible entity that serves as the
Consortium Leader must pass on the full value of any discounts, funding, or
other program benefits secured to the consortium members that are eligible
health care providers.
(c) Consortium Leader responsibilities. The Consortium Leader's
responsibilities include the following:
(1) Legal and financial responsibility for supported activities. The
Consortium Leader is the legally and financially responsible entity for the
activities supported by the Healthcare Connect Fund. By default, the
Consortium Leader is the responsible entity if audits or other
investigations by Administrator or the Commission reveal violations of the
Act or Commission rules, with individual consortium members being jointly
and severally liable if the Consortium Leader dissolves, files for
bankruptcy, or otherwise fails to meet its obligations. Except for the
responsibilities specifically described in paragraphs (c)(2) through (c)(6)
of this section, consortia may allocate legal and financial responsibility
as they see fit, provided that this allocation is memorialized in a formal
written agreement between the affected parties (i.e., the Consortium Leader,
and the consortium as a whole and/or its individual members), and the
written agreement is submitted to the Administrator for approval with or
prior to the Request for Services. Any such agreement must clearly identify
the party(ies) responsible for repayment if the Administrator is required,
at a later date, to recover disbursements to the consortium due to
violations of program rules.
(2) Point of contact for the FCC and Administrator. The Consortium Leader is
responsible for designating an individual who will be the “Project
Coordinator” and serve as the point of contact with the Commission and the
Administrator for all matters related to the consortium. The Consortium
Leader is responsible for responding to Commission and Administrator
inquiries on behalf of the consortium members throughout the application,
funding, invoicing, and post-invoicing period.
(3) Typical applicant functions, including forms and certifications. The
Consortium Leader is responsible for submitting program forms and required
documentation and ensuring that all information and certifications submitted
are true and correct. The Consortium Leader must also collect and retain a
Letter of Agency (LOA) from each member, pursuant to § 54.632.
(4) Competitive bidding and cost allocation. The Consortium Leader is
responsible for ensuring that the competitive bidding process is fair and
open and otherwise complies with Commission requirements. If costs are
shared by both eligible and ineligible entities, the Consortium Leader must
ensure that costs are allocated in a manner that ensures that only eligible
entities receive the benefit of program discounts.
(5) Invoicing. The Consortium Leader is responsible for notifying the
Administrator when supported services have commenced and for submitting
invoices to the Administrator.
(6) Recordkeeping, site visits, and audits. The Consortium Leader is also
responsible for compliance with the Commission's recordkeeping requirements
and for coordinating site visits and audits for all consortium members.
[ 78 FR 13985 , Mar. 1, 2013]
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Goto Section: 54.630 | 54.632
Goto Year: 2014 |
2016
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