| (a) The Texas Health and Human Services Commission
(HHSC) may revoke a facility's license when:
(1) the facility's violation of the licensure rules
jeopardizes the health and safety of the residents; or
(2) the facility has violated the requirements of Texas
Health and Safety Code, Chapter 252, or the rules adopted under that
chapter, in either a repeated or substantial manner.
(b) In addition, HHSC may revoke a license if the license
holder:
(1) submitted false or misleading statements in the
application for a license or any accompanying attachments;
(2) used subterfuge or other evasive means to obtain
the license;
(3) concealed a material fact in the application for
a license or failed to disclose information required in §551.13
of this chapter (relating to Applicant Disclosure Requirements) that
would have been the basis to deny the license under §551.17 of
this chapter (relating to Criteria for Denying a License or Renewal
of a License); or
(4) received monetary or other remuneration from a
person or agency that furnishes services or materials to the facility
or individuals for a fee.
(c) Revocation of a license may occur simultaneously
with any other enforcement provision available to HHSC.
(d) The facility will be notified by certified mail
of HHSC's intent to revoke the license, including the facts or conduct
alleged to warrant the revocation. The facility has an opportunity
to show compliance with all requirements of law for the retention
of the license as provided in §551.18 of this chapter (relating
to Informal Reconsideration). If the facility requests an informal
reconsideration, HHSC will give the license holder a written affirmation
or reversal of the proposed action.
(e) The facility will be notified by certified mail
of HHSC's intent to revoke the license, including the facts or conduct
alleged to warrant the revocation. The facility has 15 days from receipt
of the certified mail notice to request a hearing in accordance with
1 TAC §357.484 (relating to Request for a Hearing). The revocation
will take effect when the deadline for appeal of the revocation passes,
unless the facility appeals the revocation. If the facility appeals
the revocation, the status of the license holder is preserved until
final disposition of the contested matter. Upon revocation, the license
must be returned to HHSC.
|
| Source Note: The provisions of this §551.233 adopted to be effective August 31, 1993, 18 TexReg 2557; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective September 1, 1994, 19 TexReg 5731; amended to be effective May 1, 1995, 20 TexReg 1659; amended to be effective February 1, 1999, 23 TexReg 11829; amended to be effective May 1, 2000, 25 TexReg 3557; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787 |
