Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter B - APPLICATION PROCEDURES › Section 551.17 - Criteria for Denying a License or Renewal of a License

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Health and Human Services
				  Commission (HHSC) may deny an initial license or refuse to renew a license if
				  any person described in § 551.11(d) 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 § 551.42 of this chapter
				  (relating to Standards for a Facility), including:
(A) noncompliance that poses a serious threat
				  to health and safety, as described in Appendix Q of the State Operations
				  Manual, "Core Guidelines for Determining Immediate Jeopardy"; or
(B) a failure to maintain compliance on a
				  continuous basis, including decertification, contract termination, denial of
				  certification, or license revocation;
(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) provides the following false or
				  fraudulent information:
(A) knowingly submits
				  false or intentionally misleading statements to HHSC;
(B) uses subterfuge or other evasive means of
				  filing;
(C) engages in subterfuge
				  or other evasive means of filing on behalf of another who is unqualified for
				  licensure;
(D) knowingly conceals a
				  material fact; or
(E) is
				  responsible for fraud;
(6) fails to pay the following fees, taxes,
				  and assessments when due:
(A) licensing fees
				  as described in § 551.19 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 §
				  551.238(e) of this chapter (relating to Involuntary Appointment of a
				  Trustee);
(C) administrative
				  penalties within 60 days after the order assessing the penalties in accordance
				  with § 551.236 of this chapter (relating to Administrative Penalties);
				  or
(D) franchise taxes;
(7) has a history of any of the
				  following actions during the five-year period preceding the date of the
				  application:
(A) operation of a facility that
				  has been decertified or had its contract cancelled under the Medicare or
				  Medicaid program in any state;
(B)
				  federal or state long term care facility sanctions or penalties, including
				  vendor holds, 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;
				  or
(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.