TITLE 42
State Affairs and Government

CHAPTER 42-11.1
Prompt Payment by Department of Administration

SECTION 42-11.1-16


§ 42-11.1-16 Partial payment – Certificate of continuance.

(a) A nonprofit provider who provides services to a state agency pursuant to an existing contract shall notify the state agency ninety (90) days prior to the termination of the existing contract of its (the nonprofit provider's) intent to enter into a new contract with the state agency to provide services. Notification shall be by certified mail, return receipt requested.

(b) Within thirty (30) days of the receipt of the notification, the state agency shall enter into a new contract with the nonprofit provider or notify the nonprofit provider of its (the state agency's) intent to enter into a new contract or notify the nonprofit provider that it (the state agency's) will not enter into a new contract with the provider.

(c) If the state notifies the nonprofit provider of its (the state agency's) intent to enter into a new contract, and a new contract has not been effectuated fifteen (15) days prior to the termination of the existing contract, then the state shall issue to the nonprofit provider a certificate of continuance. No more than four (4) certificates of continuance for each individual nonprofit provider may be issued in a fiscal year.

(d) The certificate of continuance shall be valid for thirty (30) days, shall allow the nonprofit provider to continue to provide the services and shall pay the nonprofit provider a sum, at least, equal to one-twelfth ( 1/12) of the most recently expired contract between the state agency and the nonprofit provider.

History of Section.
(P.L. 1989, ch. 101, § 2; P.L. 1993, ch. 407, § 1.)