|(a) HHSC or its designee may enforce temporary moratoria
imposed pursuant to the requirements of §1867 and §1902
of the Social Security Act (42 CFR, §455.470 and §457.990)
on enrollment of new providers or suppliers or impose numerical caps
or other limits.
(b) HHSC may determine to impose a temporary moratorium
in the Texas Medicaid and CHIP programs based on provider or supplier
type, geographical area, new practice locations, or a category of
provider or supplier identified as having an increased risk or a potential
risk of fraud, waste, or abuse, with the concurrence of the Secretary
of Health and Human Services.
(c) A temporary moratorium that is imposed in accordance
with this section will be for an initial period of six months, and
may be extended in six-month increments at the direction of or in
concurrence with the Secretary of Health and Human Services.
(d) HHSC will not process an application if a moratorium
or other limit on enrollment is in effect. If an enrollment application
is denied solely as the result of a temporary moratorium, HHSC will
refund any application fee submitted with the enrollment application.