| (a) HHSC may determine an applicant or contractor is
ineligible to contract with HHSC if the applicant, contractor, or
a controlling person of the applicant or contractor has a conviction
of any of the following misdemeanor or felony offenses, regardless
of the date of conviction:
(1) an offense listed in §99.2(a) of this title
(relating to Convictions Barring Licensure);
(2) an offense related to the person's involvement
in any program under Medicare, Medicaid, or Title XX, Subtitle A of
the Social Security Act;
(3) an offense described in Texas Occupations Code, §102.001
or §102.006 (relating to Solicitation, Offense; and Failure to
Disclose, Offense); or
(4) an offense of aiding, abetting, or conspiring to
commit an offense described in paragraphs (1) - (3) of this subsection.
(b) HHSC considers a conviction of an offense under
the laws of another state, federal law, or the Uniform Code of Military
Justice containing elements that are substantially similar to the
elements of an offense listed in subsection (a) of this section as
if it is a conviction of one of the listed offenses.
(c) If an applicant, contractor or a controlling person
of an applicant or contractor has a conviction of an offense listed
in subsection (a) or (b) of this section, HHSC considers the following
information when determining if the applicant or contractor is eligible
to contract with HHSC:
(1) the nature and seriousness of the offense;
(2) the relationship of the offense to the applicant's,
contractor's, or controlling person's duties under the contract;
(3) the extent to which a contract might offer an opportunity
for the applicant, contractor, or controlling person to engage in
activity similar to the offense;
(4) the age of the applicant, contractor, or controlling
person at the time of the offense;
(5) the amount of time since the offense;
(6) whether the applicant, contractor, or controlling
person has been convicted of other offenses; and
(7) any other information provided by the applicant,
contractor, or controlling person to explain the circumstances of
the offense or to evidence the applicant's, contractor's, or controlling
person's conduct since the offense.
|
