§ 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]

   return arrow Back to Top