Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS › Subchapter B - LICENSING APPLICATION, MAINTENANCE, AND FEES › Section 550.115 - Criteria for Denial of a License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  DADS may deny an application for an initial center license or for renewal of a
				  license for:
(1) a violation of the THSC
				  Chapter 248A or a standard in this chapter committed by the license holder,
				  applicant, or a person listed on the application;
(2) an intentional or negligent act by the
				  center or an employee of the center that DADS determines significantly affects
				  the health or safety of a minor served at the center;
(3) use of drugs or intoxicating liquors to
				  an extent that affects the license holder's or applicant's professional
				  competence;
(4) a felony
				  conviction, including a finding or verdict of guilty, an admission of guilt, or
				  a plea of nolo contendere, in this state or in any other state of any person
				  required by this chapter to undergo a background and criminal
				  history;
(5) fraudulent acts,
				  including acts relating to Medicaid fraud and obtaining or attempting to obtain
				  a license by fraud or deception, committed by any person listed on the
				  application;
(6) a license
				  revocation, suspension, or other disciplinary action taken in Texas or another
				  state against the license holder or any person listed on the
				  application;
(7) criteria described
				  in Chapter 99 of Title 40 (relating to Denial or Refusal of License) that
				  applies to any person required by this chapter to undergo a background and
				  criminal history check;
(8) aiding,
				  abetting, or permitting a substantial violation described in paragraph (1) of
				  this subsection about which a person listed on the application had or should
				  have had knowledge;
(9) a license
				  holder or applicant's failure to provide the required information as requested
				  on the application or in follow-up to the review of the application;
(10) a license holder or applicant who
				  knowingly:
(A) submits false or intentionally
				  misleading statements to DADS on an application;
(B) uses subterfuge or other evasive means of
				  filing an application;
(C) engages
				  in subterfuge or other evasive means of filing an application on behalf of
				  another who is unqualified for licensure; or
(D) conceals a material fact on an
				  application;
(11) a
				  person listed on the application failing to pay the following fees, taxes, and
				  assessments when due:
(A) licensing fees as
				  described in § 550.112 of this subchapter (relating to Licensing
				  Fees);
(B) franchise taxes, if
				  applicable; and
(C) federal taxes,
				  as applicable; or
(12) a
				  person listed on the application having a history of any of the following
				  actions during the five-year period preceding the date of the application:
(A) operation of a facility in Texas or
				  another state or jurisdiction that has been decertified or had its contract
				  canceled under the Medicare or Medicaid program;
(B) federal or state Medicare or Medicaid
				  sanctions or penalties;
(C) an
				  unsatisfied final court judgment;
(D) eviction in Texas or another state or
				  jurisdiction involving any property or space used as a center; or
(E) suspension in Texas or another state or
				  jurisdiction of a license to operate a health facility, long-term care
				  facility, assisted living facility, or a similar facility, or a
				  center.