| (a) Enforcement actions. HHSC may take the following
enforcement actions against an agency:
(1) license suspension;
(2) immediate license suspension;
(3) license revocation;
(4) immediate license revocation;
(5) administrative penalties; and
(6) denial of license application.
(b) Denial of license application. HHSC may deny a
license application for the reasons set out in §558.21 of this
chapter (relating to Denial of an Application or a License).
(c) Suspension or revocation.
(1) HHSC may suspend or revoke an agency's license
if the license holder, the controlling person, the affiliate, the
administrator, or the alternate administrator:
(A) fails to comply with this chapter;
(B) fails to comply with the Statute; or
(C) violates Texas Occupations Code §102.001 (relating
to Soliciting Patients; Offense) and §102.006 (relating to Failure
to Disclose; Offense).
(2) HHSC may suspend or revoke an agency's license
to provide licensed and certified home health services if the agency
fails to maintain its certification qualifying the agency as a certified
agency, as referenced in Texas Health and Safety Code §142.011(c).
(d) Administrative penalties.
(1) HHSC may assess an administrative penalty against
an agency in accordance with §558.602 of this subchapter (relating
to Administrative Penalties).
(2) HHSC may consider the assessment of past administrative
penalties when considering another enforcement action against an agency.
(e) Immediate licensure suspension or revocation. HHSC
may immediately suspend or revoke an agency's license when the health
and safety of persons are threatened.
(1) If HHSC issues an order for immediate suspension
or revocation of the agency's license, HHSC provides immediate notice
to the controlling person, administrator, or alternate administrator
of the agency by fax and either by certified mail with return receipt
requested or hand-delivery. The notice includes:
(A) the action taken;
(B) legal grounds for the action;
(C) the procedure governing appeal of the action; and
(D) the effective date of the order.
(2) An order for immediate suspension or revocation
goes into effect immediately.
(3) An agency is entitled to a formal administrative
hearing not later than seven days after the effective date of the
order for immediate suspension or revocation.
(4) If an agency requests a formal administrative hearing,
the hearing is held in accordance with the Texas Government Code Chapter
2001, and with the formal hearing procedures in 1 TAC Chapter 357,
Subchapter I (relating to Hearings Under the Administrative Procedure
Act) and 40 TAC Chapter 91 (relating to Hearings Under the Administrative
Procedure Act).
(f) Opportunity to show compliance.
(1) Before revocation or suspension of an agency's
license or denial of an application for the renewal of an agency's
license, HHSC gives the license holder:
(A) a notice by personal service or by registered or
certified mail of the facts or conduct alleged to warrant the proposed
action, with a copy sent to the agency; and
(B) an opportunity to show compliance with all requirements
of law for the retention of the license by sending HHSC Regulatory
Services office a written request. The request must:
(i) be postmarked within 10 days after the date of
HHSC notice and be received in HHSC Regulatory Services office within
10 days after the date of the postmark; and
(ii) contain specific documentation refuting HHSC allegations.
(2) HHSC limits its review to the documentation submitted
by the license holder and information HHSC used as the basis for its
proposed action. An agency may not attend HHSC meeting to review the
opportunity to show compliance. HHSC gives a license holder a written
affirmation or reversal of the proposed action.
(3) After an opportunity to show compliance, HHSC sends
a license holder a written notice that:
(A) informs the license holder of HHSC decision; and
(B) provides the agency with an opportunity to appeal
HHSC decision through a formal hearing process.
(g) Notice of denial of application for license or
renewal of a license, suspension or revocation of license. HHSC sends
an applicant or license holder notice by fax and either by certified
mail with return receipt requested or hand-delivery of HHSC denial
of an application for an initial license or renewal of a license,
suspension of a license or revocation of a license.
(h) Formal appeal. An applicant or license holder has
the right to make a formal appeal after receipt of HHSC notification
of denial of an application for an initial license or renewal of a
license and suspension or revocation of a license.
(1) An agency must request a formal administrative
hearing within 20 days of receipt of HHSC notice of denial of an application
for an initial license or renewal of a license, suspension of a license,
or revocation of a license. To make a formal appeal, the applicant
or agency must comply with the formal hearing procedures in 1 TAC
Chapter 357, Subchapter I and 40 TAC Chapter 91.
(2) HHSC presumes receipt of HHSC notice to occur on
the 10th day after the notice is mailed to the last known address,
unless another date is reflected on the return receipt.
(3) If an agency does not meet the deadline for requesting
a formal hearing, the agency has lost its opportunity for a formal
hearing, and HHSC takes the proposed action.
(4) A formal administrative hearing is held in accordance
with Government Code, Chapter 2001, and the formal hearing procedures
in 1 TAC Chapter 357, Subchapter I and 40 TAC Chapter 91.
(5) Except for the denial of an application for an
initial license, if an agency appeals, the license remains valid until
all appeals are final, unless the license expires without a timely
application for renewal submitted to HHSC. The agency must continue
to submit a renewal application in accordance with §558.17 of
this chapter (relating to Application Procedures for a Renewal License)
until the action to revoke, suspend, or deny renewal of the license
is completed. However, HHSC does not renew the license until it determines
the reason for the proposed action no longer exists.
(6) If an agency appeals, the enforcement action will
take effect when all appeals are final, and the proposed enforcement
action is upheld. If the agency wins the appeal, the proposed action
does not happen.
(7) If HHSC suspends a license, the suspension remains
in effect until HHSC determines that the reason for suspension no
longer exists. A suspension may last no longer than the term of the
license. HHSC conducts a survey of the agency before making a determination
to recommend cancellation of a suspension.
(8) If HHSC revokes or does not renew a license and
one year has passed following the effective date of revocation or
denial of licensure renewal, a person may reapply for a license by
complying with the requirements and procedures in §558.13 of
this chapter (relating to Obtaining an Initial License). HHSC does
not issue a license if the reason for revocation or nonrenewal continues
to exist.
(i) Agency dissolution. Upon suspension, revocation,
or nonrenewal of a license, the license holder must:
(1) return the original license to HHSC; and
(2) implement its written plan required in §558.291
of this chapter (relating to Agency Dissolution).
|
| Source Note: The provisions of this §558.601 adopted to be effective June 1, 2006, 31 TexReg 1455; amended to be effective July 1, 2012, 37 TexReg 4613; transferred effective May 1, 2019, as published in the April 12, 2019 issue of the Texas Register, 44 TexReg 1893; amended to be effective April 25, 2021, 46 TexReg 2427 |
