| (a) HHSC may revoke a facility's license when the license
holder has violated the requirements of Texas Human Resources Code,
Chapter 103.
(b) In addition, HHSC may revoke a license if the licensee:
(1) submitted false or misleading statements in the
application for a license or any accompanying attachments;
(2) used other evasive means to obtain the license;
(3) concealed a material fact in the application for
a license or failed to disclose information required in §559.19
of this chapter (relating to Applicant Disclosure Requirements) that
would have been the basis to deny the license under §559.31 of
this chapter (relating to Criteria for Denying a License or Renewal
of a License); or
(4) violated the rules adopted under this chapter.
(c) Revocation of a license may occur simultaneously
with any other enforcement provision available to HHSC.
(d) HHSC notifies the facility of its intent to revoke
the license, including the facts or conduct alleged to warrant the
revocation. The facility has an opportunity to show compliance with
all requirements of law for retention of the license as provided in
§559.33 of this title (relating to Opportunity to Show Compliance).
If the facility requests an opportunity to show compliance, HHSC gives
the license holder a written affirmation or reversal of the proposed
action.
(e) If HHSC revokes a facility's license, the licensee
may request a formal appeal by following the HHSC's formal hearing
procedures in 1 TAC Chapter 357, Subchapter I (relating to Hearings
Under the Administrative Procedure Act). A formal administrative hearing
is conducted in accordance with the formal hearing procedures in 1
TAC Chapter 357, Subchapter I. If the facility appeals the revocation,
the status of the license holder is preserved until final disposition
of the contested matter. The license holder must return the license
to HHSC within 72 hours of passing the appeal deadline or, if an appeal
is filed, final disposition of the appeal.
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