| (a) The Texas Health and Human Services Commission
(HHSC) may deny an initial license or renewal of a license if any
person described in §559.205(h) of this subchapter (relating
to Criteria for Licensing):
(1) is subject to denial or refusal as described in
Chapter 560 of this title (relating to Denial or Refusal of License)
during the time frames described in that chapter;
(2) substantially fails to comply with the requirements
described in §559.225 of this subchapter (relating to General
Requirements) and §559.227 of this subchapter (relating to Program
Requirements), including:
(A) noncompliance that poses a serious threat to health
and safety; or
(B) a failure to maintain compliance on a continuous
basis;
(3) aids, abets, or permits a substantial violation
described in paragraph (2) of this subsection about which the person
had or should have had knowledge;
(4) fails to provide the required information, facts,
or references;
(5) knowingly provides the following false or fraudulent
information:
(A) submits false or intentionally misleading statements
to HHSC;
(B) uses subterfuge or other evasive means of filing;
(C) engages in subterfuge or other evasive means of
filing on behalf of another who is unqualified for licensure;
(D) knowingly conceals a material fact; or
(E) is responsible for fraud;
(6) fails to pay the following fees, taxes, and assessments
when due:
(A) licensing fees as described in §559.219 of
this subchapter (relating to License Fees); and
(B) franchise taxes, if applicable;
(7) has a history of any of the following actions during
the five-year period preceding the date of the application:
(A) operation of a facility that has been decertified
or had its contract canceled under the Medicare or Medicaid program
in any state;
(B) federal or state Medicare or Medicaid sanctions
or penalties;
(C) unsatisfied final judgments;
(D) eviction involving any property or space used as
a facility in any state; or
(E) suspension of a license to operate a health facility,
long-term care facility, or a similar facility in any state.
(b) Concerning subsection (a)(7) of this section, HHSC
may consider exculpatory information provided by any person described
in §559.205(h) of this subchapter and grant a license if HHSC
finds that person able to comply with the rules in this chapter.
(c) HHSC does not issue a license to an applicant if
the applicant has a history of any of the following actions during
the five-year period preceding the date of the application:
(1) revocation of a license to operate a health care
facility, long-term care facility, or similar facility in any state;
(2) debarment or exclusion from the Medicare or Medicaid
programs by the federal government or a state; or
(3) a court injunction prohibiting any person described
in §559.205(h) of this subchapter from operating a facility.
(d) Only final actions are considered for purposes
of subsections (a)(7) and (c) of this section. An action is final
when routine administrative and judicial remedies are exhausted. All
actions, whether pending or final, must be disclosed.
(e) If an applicant owns multiple facilities, the overall
record of compliance in all facilities will be examined. An overall
record poor enough to deny issuance of a new license will not preclude
the renewal of licenses of individual facilities with satisfactory
records.
(f) If HHSC denies a license or refuses to issue a
renewal of a license, the applicant or license holder may request
a hearing by following HHSC's rules in 1 TAC Chapter 357, Subchapter
I (relating to Hearings Under the Administrative Procedure Act). An
administrative hearing is conducted in accordance with Texas Government
Code, Chapter 2001, and 1 TAC Chapter 357, Subchapter I.
|
