Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 567 - CERTIFICATE OF PUBLIC ADVANTAGE
Subchapter E - ENFORCEMENT
Section 567.53 - Investigation; Consequences
Universal Citation: 26 TX Admin Code ยง 567.53
Current through Reg. 49, No. 38; September 20, 2024
(a) To ensure that the activities of a hospital resulting from a merger agreement continue to benefit the public, the Texas Health and Human Services Commission (HHSC) may:
(1) investigate the hospital's activities;
and
(2) require the hospital to
perform a certain action or refrain from a certain action or revoke the
hospital's certificate of public advantage, if HHSC determines that:
(A) the hospital is not complying with Texas
Health and Safety Code Chapter 314A, this chapter, or a term or condition of
compliance with the Certificate of Public Advantage (COPA) governing the
hospital's immunized activities;
(B) HHSC's approval and issuance of the COPA
was obtained as a result of material misrepresentation;
(C) the hospital has failed to pay any fee
required under this chapter; or
(D)
the benefits resulting from the approved merger no longer outweigh the
disadvantages attributable to the reduction in competition resulting from the
approved merger.
(b) HHSC may make any entrance, inspection, review, or investigation it considers necessary to ensure the activities of a hospital operating under a COPA continue to benefit the public.
(1) An HHSC representative may enter the
premises of a hospital operating under the COPA at any reasonable time for
purposes of this chapter.
(2) HHSC
may access, inspect, and copy all books, records, or other documents maintained
by or on behalf of a hospital operating under the COPA as necessary for the
purposes of this chapter.
(3) A
hospital operating under the COPA shall cooperate with any entrance,
inspection, review, or investigation by HHSC for the purposes of this
chapter.
(4) HHSC shall maintain
the confidentiality of hospital records as applicable under federal and state
law.
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