Current through Reg. 49, No. 52; December 27, 2024
(a) HHSC may deny an initial license or
refuse to renew a license if any person described in §
559.11(e) of this
subchapter (relating to Criteria for Licensing):
(1) is subject to denial or refusal as
described in Chapter 560 of this title (relating to Denial or Refusal of
License) during the time frames described in that chapter;
(2) substantially fails to comply with the
requirements described in §
559.42 of this chapter (relating
to Safety), §
559.43 of this chapter (relating
to Sanitation), and Subchapter D of this chapter (relating to Standards for
Licensure), including:
(A) noncompliance that
poses a serious threat to health and safety; or
(B) failure to maintain compliance on a
continuous basis;
(3)
aids, abets, or permits a substantial violation described in paragraph (2) of
this subsection about which the person had or should have had
knowledge;
(4) fails to provide the
required information, facts, or references;
(5) knowingly provides false or fraudulent
information by:
(A) submitting false or
intentionally misleading statements to HHSC;
(B) using subterfuge or other evasive means
of filing;
(C) engaging in
subterfuge or other evasive means of filing on behalf of another who is
unqualified for licensure;
(D)
knowingly concealing a material fact; or
(E) being responsible for fraud;
(6) fails to pay when due:
(A) licensing fees as described in
§559.37 of this subchapter (relating to Fees); and
(B) franchise taxes, if applicable;
or
(7) has a history of
any of the following actions during the five-year period preceding the date of
the application:
(A) received a sanction for
operating a facility that has been decertified or had its contract canceled
under the Medicare or Medicaid program in any state;
(B) being assessed federal or state Medicare
or Medicaid sanctions or penalties;
(C) received unsatisfied final
judgments;
(D) was evicted from any
property or space used as a facility in any state; or
(E) received a suspension of a license to
operate a health facility, long-term care facility, assisted living facility,
or a similar facility in any state.
(b) Concerning subsection (a)(7) of this
section, HHSC may consider exculpatory information provided by any person
described in §
559.11(e) of this
subchapter and grant a license if HHSC finds that person able to comply with
the rules in this chapter.
(c) HHSC
does not issue a license to an applicant to operate a new facility if the
applicant has a history of any of the following actions during the five-year
period preceding the date of the application:
(1) revocation of a license to operate a
health care facility, nursing facility, assisted living facility, or similar
facility in any state;
(2)
debarment or exclusion from the Medicare or Medicaid programs by the federal
government or a state; or
(3) a
court injunction prohibiting any person described in §
559.11(e) of this
subchapter from operating a facility.
(d) Only final actions are considered for
purposes of subsection (a)(7) of this section and subsection (c) of this
section. An action is final when routine administrative and judicial remedies
are exhausted. All actions, whether pending or final, must be
disclosed.
(e) If an applicant owns
multiple facilities, the overall record of compliance in all the facilities is
examined. An overall record poor enough to deny issuing a new license does not
preclude renewing licenses of individual facilities with satisfactory
records.
(f) If HHSC denies a
license or refuses to issue a license renewal, the applicant or license holder
may request a hearing by following HHSC rules in 1 TAC Chapter 357, Subchapter
I (relating to Hearings Under the Administrative Procedure Act). An
administrative hearing is conducted in accordance with Texas Government Code,
Chapter 2001, and 1 TAC Chapter 357, Subchapter I.
