HHSC may deny an application for a license or refuse to renew
a license for a facility described in §560.1(2)(A) - (E) of this
chapter (relating to Definitions) if:
(1) any of the following persons are listed in a record
maintained by a health and human services agency under Texas Government
Code §531.952:
(A) the applicant or facility license holder;
(B) a person listed on an initial or renewal application;
or
(C) a controlling person of the applicant or facility
license holder; and
(2) the health and human services agency's action that
resulted in the person being listed in a record maintained under Texas
Government Code §531.952 is based on:
(A) an act or omission that resulted in physical or
mental harm to an individual in the care of the person;
(B) a threat to the health, safety, or well-being
of an individual in the care of the person;
(C) the physical, mental, or financial exploitation
of an individual in the care of the person; or
(D) a determination by the health and human services
agency that the person has committed an act or omission that renders
the person unqualified or unfit to fulfill the obligations of the
license, listing, or registration.
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