(a) HHSC may take one or more of the following sanctions:
(1) for any contractor, impose a vendor hold in accordance
with §49.532 of this division (relating to Vendor Hold);
(2) for any contractor, recoup funds in accordance
with §49.533 of this division (relating to Recoupment);
(3) for any contractor, terminate the contract in accordance
with §49.534 of this division (relating to Termination of Contract
by HHSC); and
(4) for a contractor that has a contract for the HCS
Program or TxHmL Program, impose an administrative penalty in accordance
with §49.535 of this division (relating to Administrative Penalties
in HCS and TxHmL Programs).
(b) For a sanction described in subsection (a)(1) or
(3) of this section, HHSC may consider factors in determining the
sanction to be taken, including:
(1) the extent and seriousness of the contractor's
non-compliance with the contract that is the subject of the sanction;
(2) the contractor's history of previous non-compliance
with:
(A) the contract that is the subject of the sanction;
(B) a contract other than the one that is the subject
of the sanction;
(C) a contractual agreement with HHSC; and
(D) a contractual agreement with a governmental entity
other than HHSC;
(3) previous action taken or sanctions imposed against
the contractor by DADS or HHSC; and
(4) the contractor's written response to HHSC's finding
that the contractor is not in compliance with the contract.
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Source Note: The provisions of this §49.531 adopted to be effective September 1, 2014, 39 TexReg 6637; amended to be effective September 1, 2018, 43 TexReg 5230; amended to be effective April 28, 2020, 45 TexReg 2725 |