FCC 54.631 Revised as of October 1, 2013
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2014
§ 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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