To be considered for certification or recertification, an applicant must fill out and submit a complete application by using the application and instructions on the HHSC website.

1. (1) HHSC reviews an application based on the certification eligibility requirements in §306.107 of this subchapter (relating to Certification Eligibility) and may deny an application for certification for good cause, including if:

   1. (A) the application is missing any required information;
   2. (B) the applicant did not submit the application following HHSC's application instructions or published notice;
   3. (C) the application has false information;
   4. (D) HHSC, any other agency in Texas or in another state, or federal agency has terminated the applicant's contract, license, or certification for cause within the four years before the date the applicant submitted the application;
   5. (E) the applicant is excluded or debarred from contracting with the State of Texas or the federal government;
   6. (F) the applicant has an outstanding Medicaid program audit exception or other unresolved financial liability owed to the State of Texas; or
   7. (G) the applicant terminated a provider agreement in a "federal health care program," as defined in 42 U.S.C §1320a-7b(f), while an adverse action or sanction was in effect.
2. (2) HHSC gives priority to reviewing and approving applications from LMHAs and LBHAs when appropriate.
3. (3) If an applicant does not meet all eligibility requirements listed on the application, HHSC considers the applicant ineligible and denies the application. The applicant can apply again by submitting a new application to HHSC after the date HHSC denies the application.
4. (4) If an applicant meets all eligibility requirements listed on the application, the applicant must submit supporting documentation and participate in interviews, as requested by HHSC, to confirm the applicant meets each certification criterion in §306.107 of this subchapter.
5. (5) The applicant must submit the information to HHSC within a timeframe agreed on by the applicant and HHSC. The timeframe agreed on may not be more than 60 calendar days after the date HHSC requests the information.

Source Note:The provisions of this §306.109 adopted to be effective September 29, 2022, 47 TexReg 6198; amended to be effective April 16, 2026, 51 TexReg 2396.