(a) DADS may revoke a center's license for:
(1) a violation of THSC Chapter 248A or standard in
this chapter committed by the license holder, applicant, or a person
listed on the application;
(2) an intentional or negligent act by a center or
an employee of a center that DADS determines significantly affects
the health and safety of a minor served at a center;
(3) use of drugs or intoxicating liquors to an extent
that affects the license holder's or applicant's professional competence;
(4) a felony conviction, including a finding or verdict
of guilty, an admission of guilt, or a plea of nolo contendere, in
Texas or another state of any person required by this chapter to
undergo a background and criminal history check;
(5) fraudulent acts, including acts relating to Medicaid
fraud and obtaining or attempting to obtain a license by fraud or
deception committed by any person listed on the application;
(6) license revocation, suspension, or other disciplinary
action taken in Texas or another state against the license holder
or any person listed in the application;
(7) criteria described in Chapter 99 of this title
(relating to Denial or Refusal of License) that applies to any person
required by this chapter to undergo a background and criminal history
check;
(8) aiding, abetting, or permitting a violation described
in paragraph (1) of this subsection about which a person listed on
the application had or should have had knowledge;
(9) a license holder or applicant's failure to provide
the required information, facts, or references;
(10) a license holder or applicant who knowingly:
(A) submits false or intentionally misleading statements
to DADS on an application;
(B) uses subterfuge or other evasive means of filing
an application;
(C) engages in subterfuge or other evasive means of
filing an application on behalf of another who is unqualified for
licensure; or
(D) conceals a material fact on an application;
(11) a person listed on the application committing
fraud; or
(12) a person listed on the application failing to
pay the following fees, taxes, and assessments when due:
(A) licensing fees as described in §15.112 of
this chapter (relating to Licensing Fees);
(B) plan review fees as described in §15.113 of
this chapter (relating to Plan Review Fees); and
(C) franchise taxes, if applicable.
(b) DADS may revoke a license simultaneously with any
other enforcement action available to DADS.
(c) DADS notifies the license holder by personal service,
facsimile transmission, registered or certified mail of DADS intent
to revoke the license, including the facts or conduct alleged to
warrant the revocation, and sends a copy to the center. The license
holder has an opportunity to show compliance with all requirements
of the law to retain the license, as provided in §15.1407 of
this subchapter (relating to Opportunity to Show Compliance). If the
license holder requests an opportunity to show compliance, DADS gives
the license holder a written affirmation or reversal of the proposed
action.
(d) DADS notifies a license holder by personal service,
facsimile transmission, or by registered or certified mail of DADS
revocation of the center license, and sends a copy to the center.
The license holder has 20 days after receipt of the notice to request
a hearing in accordance with the Health and Human Services Commission's
formal hearing procedures in 1 TAC Chapter 357, Subchapter I (relating
to Hearings Under the Administrative Procedure Act), and DADS formal
hearing procedures in Chapter 91 of this title (relating to Hearings
Under the Administrative Procedure Act). The revocation takes effect
when the deadline for appeal of the revocation expires, unless the
license holder appeals the revocation.
(e) If a license holder appeals, the license remains
valid until all appeals are final, unless the license expires without
a timely application for renewal submitted to DADS. The license holder
must continue to submit a renewal application in accordance with §15.106
of this chapter (relating to Renewal Application Procedures and Issuance)
until the action to revoke the license is completed. However, DADS
does not renew the license until it determines the reason for the
proposed action no longer exists.
(f) If a license holder appeals, the enforcement action
takes effect when all appeals are final and the proposed enforcement
action is upheld. Upon revocation, the license must be returned to
DADS. If the license holder wins the appeal, DADS does not take the
proposed action.
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Source Note: The provisions of this §550.1404 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875 |