Current through Reg. 49, No. 38; September 20, 2024
(a) Enforcement is a process by which a
sanction is proposed, and if warranted, imposed on an applicant or licensee
regulated by the Texas Health and Human Services Commission (HHSC) for failure
to comply with applicable statutes, rules, and orders.
(b) HHSC has jurisdiction to enforce
violations of the Act and this chapter.
(c) HHSC may deny, suspend, or revoke a
license or impose an administrative penalty for:
(1) failure to comply with any applicable
provision of Texas Health and Safety Code (HSC), including Chapter 254
(relating to Freestanding Emergency Medical Care Facilities);
(2) failure to comply with any provision of
this chapter or any other applicable laws;
(3) the facility, or any of its employees,
commits an act which causes actual harm or risk of harm to the health or safety
of a patient;
(4) the facility, or
any of its employees, materially alters any license issued by HHSC;
(5) failure to comply with minimum standards
for licensure;
(6) failure to
provide a complete license application;
(7) failure to comply with an order of the
executive commissioner or another enforcement procedure under the
Act;
(8) a history of failure to
comply with the applicable rules relating to patient environment, health,
safety, and rights;
(9) the
facility aiding, committing, abetting, or permitting the commission of an
illegal act;
(10) the facility, or
any of its employees, committing fraud, misrepresentation, or concealment of a
material fact on any documents required to be submitted to HHSC or required to
be maintained by the facility pursuant to the Act and the provisions of this
chapter;
(11) failure to timely pay
an assessed administrative penalty as required by HHSC;
(12) failure to submit an acceptable plan of
correction for cited deficiencies within the timeframe required by
HHSC;
(13) failure to timely
implement plans of corrections to deficiencies cited by HHSC within the dates
designated in the plan of correction; or
(14) failure to comply with applicable
requirements within a designated probation period.
(d) If HHSC proposes to deny, suspend, revoke
a license, or impose an administrative penalty, HHSC shall send a notice of the
proposed action by certified mail, return receipt requested, at the address
shown in the current records of HHSC, or HHSC may personally deliver the
notice. The notice to deny, suspend, or revoke a license, or impose an
administrative penalty, shall state the alleged facts or conduct to warrant the
proposed action, provide an opportunity to demonstrate or achieve compliance,
and shall state that the applicant or license holder has an opportunity for a
hearing before taking the action.
(e) Within 20 calendar days after receipt of
the notice, the applicant or licensee may notify HHSC, in writing, of
acceptance of HHSC's determination or request a hearing.
(f) A request for a hearing by the applicant
or licensee shall be in writing and submitted to HHSC within 20 calendar days
after receipt of the notice. Receipt of the notice is presumed to occur on the
third day after the date HHSC mails the notice to the last known address of the
applicant or licensee.
(1) A hearing shall be
conducted pursuant to Government Code Chapter 2001 (relating to Administrative
Procedure) and 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the
Administrative Procedure Act).
(2)
If an applicant or licensee does not request a hearing in writing within 20
calendar days after receiving notice of the proposed action, the applicant or
licensee is deemed to have waived the opportunity for a hearing and HHSC shall
take the proposed action.
