Section 506.71 - License Denial, Suspension, Revocation and Probation(a) Enforcement is a process by which a sanction is proposed, and if warranted, imposed on an applicant or licensee regulated by the Texas Health and Human Services Commission (HHSC) for failure to comply with applicable statutes, rules, and orders.(b) Denial, suspension or revocation of a license or imposition of an administrative penalty. HHSC has jurisdiction to enforce violations of Health and Safety Code (HSC) Chapter 248 (relating to Special Care Facilities) and this chapter. HHSC may deny, suspend, or revoke a license or impose an administrative penalty for: (1) failure to comply with any applicable provision of the HSC, including Chapter 248;(2) failure to comply with any provision of this chapter or any other applicable laws;(3) the facility, or any of its employees, committing an act which causes actual harm or risk of harm to the health or safety of a resident;(4) the facility, or any of its employees, materially altering any license issued by HHSC;(5) failure to comply with minimum standards for licensure;(6) failure to provide a complete license application;(7) failure to comply with an order of the HHSC executive commissioner or another enforcement procedure under HSC Chapter 248;(8) a history of failure to comply with the applicable rules relating to resident environment, health, safety, and rights;(9) the facility aiding, committing, abetting, or permitting the commission of an illegal act;(10) the facility, or any of its employees, committing fraud, misrepresentation, or concealment of a material fact on any documents required to be submitted to HHSC or required to be maintained by the facility pursuant to HSC Chapter 248 and the provisions of this chapter;(11) failure to timely pay an assessed administrative penalty as required by HHSC;(12) failure to submit an acceptable plan of correction for cited deficiencies within the timeframe required by HHSC;(13) failure to timely implement plans of corrections to deficiencies cited by HHSC within the dates designated in the plan of correction; or(14) failure to comply with applicable requirements within a designated probation period.(c) HHSC may deny a person or entity a license or suspend or revoke an existing license on the grounds that the person or entity has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of the ownership or operation of a facility. (1) In determining whether a criminal conviction directly relates, HHSC shall apply the requirements and consider the provisions of Texas Occupations Code Chapter 53.(2) The following felonies and misdemeanors directly relate to the duties and responsibilities of the ownership or operation of a health care facility because these criminal offenses indicate an ability or a tendency for the person to be unable to own or operate a facility: (A) a misdemeanor violation of HSC Chapter 248;(B) a misdemeanor or felony involving moral turpitude;(C) a misdemeanor or felony relating to deceptive business practice;(D) a misdemeanor or felony of practicing any health-related profession without a required license;(E) a misdemeanor or felony under any federal or state law relating to drugs, dangerous drugs, or controlled substances;(F) a misdemeanor or felony under Texas Penal Code (TPC) Title 5, involving a patient, resident, or client of any health care facility, a home and community support services agency, or a health care professional;(G) a misdemeanor or felony under TPC: (3) Offenses listed in paragraph (2) of this subsection are not exclusive in that HHSC may consider similar criminal convictions from other state, federal, foreign or military jurisdictions that indicate an inability or tendency for the person to be unable to own or operate a facility.(d) HHSC shall revoke a license on the licensee's imprisonment following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision.(e) If HHSC proposes to deny, suspend, or revoke a license, or impose an administrative penalty, HHSC shall send a notice of the proposed action by certified mail, return receipt requested, at the address shown in the current records of HHSC, or HHSC may personally deliver the notice. The notice to deny, suspend, or revoke a license, or impose an administrative penalty, shall state the alleged facts or conduct to warrant the proposed action, provide an opportunity to demonstrate or achieve compliance, and shall state that the applicant or license holder has an opportunity for a hearing before taking the action.(f) Within 20 calendar days after receipt of the notice, the applicant or licensee may notify HHSC, in writing, of acceptance of HHSC's determination or request a hearing.(g) A request for a hearing by the applicant or licensee shall be in writing and submitted to HHSC within 20 calendar days after receipt of the notice. Receipt of the notice is presumed to occur on the third day after the date HHSC mails the notice to the last known address of the applicant or licensee.(1) A hearing shall be conducted pursuant to Texas Government Code Chapter 2001 and Texas Administrative Code Title 1 Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act).(2) If an applicant or licensee does not request a hearing in writing within 20 calendar days after receiving the notice of the proposed action described in subsection (e) of this section, the applicant or licensee is deemed to have waived the opportunity for a hearing and HHSC shall take the proposed action.(h) HHSC may issue an emergency order to suspend a license effective immediately when HHSC has reasonable cause to believe that the conduct of a license holder creates an immediate danger to public health and safety. HHSC shall notify the facility of the emergency action by mail or personal delivery of the notice. On written request of the license holder to HHSC for a hearing, HHSC refers the matter to the State Office of Administrative Hearings.(i) In lieu of denying, suspending, or revoking the license, HHSC may place the facility on probation for a period of not less than 30 days, if HHSC finds that the facility is in repeated non-compliance with this chapter or HSC Chapter 248, and the facility's noncompliance does not endanger the public's health and safety.26 Tex. Admin. Code § 506.71
The provisions of this §506.71 adopted to be effective July 25, 2004, 29 TexReg 6911; Chapter Transferred from Title 25, Part 1, Chapter 125 by Texas Register, Volume 44, Number 20, May 17, 2019, TexReg 2467, eff. 6/1/2019; Amended by Texas Register, Volume 49, Number 46, November 15, 2024, TexReg 9282, eff. 11/21/2024