The Texas Health and Human Services Commission (HHSC) has jurisdiction to enforce violations of the Act and this chapter. HHSC may deny a license if the applicant:

1. (1) fails to provide timely and sufficient information required by HHSC that is directly related to the application; or

2. (2) has had the following actions taken against the applicant within the two-year period preceding the application:

   1. (A) decertification or cancellation of its contract under the Medicare or Medicaid program in any state;
   2. (B) federal Medicare or state Medicaid sanctions or penalties;
   3. (C) unsatisfied federal or state tax liens;
   4. (D) unsatisfied final judgments;
   5. (E) eviction involving any property or space used as a freestanding emergency medical care (FEMC) facility in any state;
   6. (F) unresolved federal Medicare or state Medicaid audit exceptions;
   7. (G) denial, suspension, or revocation of an FEMC facility license, a hospital license, a private psychiatric hospital license, or a license for any health care facility in any state; or
   8. (H) a court injunction prohibiting ownership or operation of a facility.

Source Note:The provisions of this §509.102 adopted to be effective December 4, 2023, 48 TexReg 7064.