Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION › Subchapter C - NURSING FACILITY LICENSURE APPLICATION PROCESS › Section 554.214 - Criteria for Denying a License or Renewal of a License

Current through Reg. 49, No. 28; July 12, 2024
(a) DADS may deny an initial license or
				  refuse to renew a license if any person described in § 554.201(e) of this
				  subchapter (relating to Criteria for Licensing):
(1) is subject to denial or refusal as
				  described in Chapter 99 of Title 40 (relating to Denial or Refusal of License)
				  during the time frames described in that chapter;
(2) does not have a satisfactory history of
				  compliance with state and federal nursing home regulations. In determining
				  whether there is a history of satisfactory compliance with federal or state
				  regulations, DADS at a minimum may consider:
(A) whether any violation resulted in
				  significant harm or a serious and immediate threat to the health, safety, or
				  welfare of any resident;
(B)
				  whether the person promptly investigated the circumstances surrounding any
				  violation and took steps to correct and prevent a recurrence of a
				  violation;
(C) the history of
				  surveys and complaint investigation findings and any resulting enforcement
				  actions;
(D) a repeated failure to
				  comply with regulation;
(E) an
				  inability to attain compliance with cited deficiencies within an acceptable
				  period of time as specified in the plan of correction or credible allegation of
				  compliance, whichever is appropriate;
(F) the number of violations relative to the
				  number of facilities the applicant or any other person named in §
				  554.201(e) of this subchapter has been affiliated with at any time;
				  and
(G) any exculpatory information
				  deemed relevant by DADS;
(3) has committed any act described in
				  §554.2112(a)(2) - (7) of this chapter (relating to Administrative
				  Penalties);
(4) violated Chapter
				  242 of the Texas Health and Safety Code in either a repeated or substantial
				  manner;
(5) aids, abets, or permits
				  a substantial violation described in paragraph (4) of this subsection about
				  which the person had or should have had knowledge;
(6) fails to provide the required information
				  and facts and/or references;
(7)
				  fails to pay the following fees, taxes, and assessments when due:
(A) licensing fees as described in §
				  554.216 of this subchapter (relating to License Fees);
(B) reimbursement of emergency assistance
				  funds within one year after the date on which the funds were received by the
				  trustee in accordance with the provisions of § 554.2116(e) and (f) of this
				  chapter (relating to Involuntary Appointment of a Trustee); or
(C) franchise taxes;
(8) has a history of any of the following
				  actions at any time preceding the date of the application:
(A) operation of a facility that has been
				  decertified or had its contract canceled under the Medicare or Medicaid program
				  in any state or both;
(B) federal
				  or state nursing facility sanctions or penalties, including, but not limited
				  to, monetary penalties, downgrading the status of a facility license, proposals
				  to decertify, directed plans of correction or the denial of payment for new
				  Medicaid admissions;
(C)
				  unsatisfied final judgments;
(D)
				  eviction involving any property or space used as a facility in any
				  state;
(E) suspension of a license
				  to operate a health care facility, long-term care facility, assisted living
				  facility, or a similar facility in any state;
(F) revocation of a license to operate a
				  health care facility, long-term care facility, assisted living facility, or
				  similar facility in any state;
(G)
				  surrender of a license in lieu of revocation or while a revocation hearing is
				  pending; or
(H) expiration of a
				  license while a revocation action is pending and the license is surrendered
				  without an appeal of the revocation or an appeal is withdrawn;
(9) fails to meet minimum
				  standards of financial condition as described in § 554.201(d)(1)(A) of
				  this subchapter and § 554.1925(a) of this chapter (relating to Financial
				  Condition); or
(10) fails to notify
				  DADS of a significant adverse change in financial condition as required under
				  § 554.1925 of this chapter.