26 Tex. Admin. Code § 555.54

Current through Reg. 50, No. 1; January 3, 2025
Section 555.54 - Rule or Statutory Violations

The Texas Health and Human Services Commission (HHSC) may impose a sanction listed in § 555.57 of this subchapter (relating to Schedule of Sanctions) against a licensee on proof of any of the following grounds:

(1) the licensee willfully or repeatedly violated a provision of Texas Health and Safety Code, Chapter 242, or a rule in this chapter;
(2) the licensee willfully or repeatedly acted in a manner inconsistent with the health and safety of the residents of a nursing facility of which the licensee is a nursing facility administrator (NFA);
(3) the licensee obtained or attempted to obtain a license through misrepresentation or deceit or by making a material misstatement of fact on a license application;
(4) the licensee's use of alcohol or drugs creates a hazard to the residents of a facility;
(5) a judgment of a court of competent jurisdiction finds that the licensee lacks capacity under the laws of Texas;
(6) the licensee has been convicted in a court of competent jurisdiction of an offense listed in § 555.41(a) of this chapter (relating to Licensure of Persons with Criminal Backgrounds);
(7) the licensee has been negligent or incompetent in the licensee's duties as an NFA;
(8) the licensee had an NFA license revoked in another jurisdiction; or
(9) the licensee did not comply with the terms of a sanction or settlement agreement with HHSC.

26 Tex. Admin. Code § 555.54

The provisions of this §555.54 adopted to be effective June 1, 2004, 29 TexReg 4233; amended to be effective June 1, 2009, 34 TexReg 2795; amended to be effective February 15, 2017, 42 TexReg 569; Transferred from Title 40, Chapter 18 by Texas Register, Volume 44, Number 15, April 12, 2019, TexReg 1880, eff. 5/1/2019; Amended by Texas Register, Volume 46, Number 46, November 12, 2021, TexReg 7800, eff. 11/14/2021; Amended by Texas Register, Volume 49, Number 37, September 13, 2024, TexReg 7340, eff. 9/18/2024