| (a) Enforcement is a process by which a sanction is
proposed, and if warranted, imposed on an applicant or licensee regulated
by the Texas Health and Human Services Commission (HHSC) for failure
to comply with applicable statutes, rules, and orders.
(b) HHSC has jurisdiction to enforce violations of
the Act and this chapter.
(c) HHSC may deny, suspend, or revoke a license or
impose an administrative penalty for:
(1) failure to comply with any applicable provision
of Texas Health and Safety Code (HSC), including Chapter 254 (relating
to Freestanding Emergency Medical Care Facilities);
(2) failure to comply with any provision of this chapter
or any other applicable laws;
(3) the facility, or any of its employees, commits
an act which causes actual harm or risk of harm to the health or safety
of a patient;
(4) the facility, or any of its employees, materially
alters any license issued by HHSC;
(5) failure to comply with minimum standards for licensure;
(6) failure to provide a complete license application;
(7) failure to comply with an order of the executive
commissioner or another enforcement procedure under the Act;
(8) a history of failure to comply with the applicable
rules relating to patient environment, health, safety, and rights;
(9) the facility aiding, committing, abetting, or permitting
the commission of an illegal act;
(10) the facility, or any of its employees, committing
fraud, misrepresentation, or concealment of a material fact on any
documents required to be submitted to HHSC or required to be maintained
by the facility pursuant to the Act and the provisions of this chapter;
(11) failure to timely pay an assessed administrative
penalty as required by HHSC;
(12) failure to submit an acceptable plan of correction
for cited deficiencies within the timeframe required by HHSC;
(13) failure to timely implement plans of corrections
to deficiencies cited by HHSC within the dates designated in the plan
of correction; or
(14) failure to comply with applicable requirements
within a designated probation period.
(d) If HHSC proposes to deny, suspend, revoke a license,
or impose an administrative penalty, HHSC shall send a notice of the
proposed action by certified mail, return receipt requested, at the
address shown in the current records of HHSC, or HHSC may personally
deliver the notice. The notice to deny, suspend, or revoke a license,
or impose an administrative penalty, shall state the alleged facts
or conduct to warrant the proposed action, provide an opportunity
to demonstrate or achieve compliance, and shall state that the applicant
or license holder has an opportunity for a hearing before taking the
action.
(e) Within 20 calendar days after receipt of the notice,
the applicant or licensee may notify HHSC, in writing, of acceptance
of HHSC's determination or request a hearing.
(f) A request for a hearing by the applicant or licensee
shall be in writing and submitted to HHSC within 20 calendar days
after receipt of the notice. Receipt of the notice is presumed to
occur on the third day after the date HHSC mails the notice to the
last known address of the applicant or licensee.
(1) A hearing shall be conducted pursuant to Government
Code Chapter 2001 (relating to Administrative Procedure) and 1 TAC
Chapter 357, Subchapter I (relating to Hearings Under the Administrative
Procedure Act).
(2) If an applicant or licensee does not request a
hearing in writing within 20 calendar days after receiving notice
of the proposed action, the applicant or licensee is deemed to have
waived the opportunity for a hearing and HHSC shall take the proposed
action.
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