1. (a) A Texas Rising Star provider shall lose Texas Rising Star certification if the provider:

   1. (1) is placed on corrective action with a Board pursuant to Subchapter F of this chapter;
   2. (2) is under a "Notice of Freeze" with the Commission pursuant to Chapter 213 of the Texas Labor Code (Enforcement of the Texas Unemployment Compensation Act) or Chapter 61 of the Texas Labor Code (Payment of Wages);
   3. (3) is placed on corrective or adverse action by CCL;
   4. (4) had 15 or more total high or medium-high weighted licensing deficiencies during the most recent 12-month licensing history;
   5. (5) had more than four probationary impacts during its three-year certification period;
   6. (6) had a consecutive third probationary impact; or
   7. (7) is cited for specified CCL minimum standards regarding weapons and ammunition.

2. (b) Texas Rising Star providers with any of the specified "star level drop" licensing deficiencies listed in the Texas Rising Star guidelines during the most recent 12-month CCL licensing history shall be placed on a six-month Texas Rising Star program probationary period. Furthermore:

   1. (1) reduction of one star level for each deficiency cited, so a 4-star certified provider is reduced to a 3-star provider, a 3-star provider is reduced to a 2-star provider; or
   2. (2) a 2-star provider loses certification.

3. (c) Texas Rising Star providers with any of the specified "probationary" licensing deficiencies listed in the Texas Rising Star guidelines during the most recent 12-month CCL licensing history shall be placed on a six-month Texas Rising Star probationary period. Furthermore:

   1. (1) Texas Rising Star providers on a six-month Texas Rising Star probationary period that are cited by CCL for any additional specified probationary deficiencies within the probationary period shall be placed on a second, consecutive probation and lose a star level, with a 2-star certified provider losing certification;
   2. (2) if CCL does not cite any additional specified probationary deficiencies during the probationary period, the provider can be removed from probation status; and
   3. (3) if any additional specified probationary deficiencies are cited by CCL during the second probationary period, the Texas Rising Star provider shall lose certification.

4. (d) Texas Rising Star providers with 10 to 14 total high or medium-high weighted licensing deficiencies during the most recent 12-month CCL licensing history shall be placed on a six-month Texas Rising Star program probationary period. Furthermore:

   1. (1) Texas Rising Star providers on a six-month probationary period that are cited by CCL within the probationary period for any additional high or medium-high weighted deficiencies shall be placed on a second, consecutive probation and lose a star level, with a 2-star provider losing certification;
   2. (2) if no additional high or medium-high weighted deficiencies are cited by CCL during the probationary period, the provider can be removed from probation status; and
   3. (3) if any new high or medium-high weighted deficiencies--not to exceed 14 total deficiencies--are cited by CCL during the second six-month probationary period, a provider shall lose Texas Rising Star certification.
5. (e) Providers losing a star level due to licensing deficiencies shall be reinstated at the former star level if no citations described in subsections (b) - (d) of this section occur within the six-month reduction time frame.
6. (f) Providers losing Texas Rising Star certification shall be eligible to reapply for certification after six months following the loss of the certification, as long as no deficiencies described in subsections (b) - (d) of this section are cited during the disqualification period.

Source Note:The provisions of this §809.132 adopted to be effective February 16, 2015, 40 TexReg 708; amended to be effective January 8, 2019, 44 TexReg 114; amended to be effective July 6, 2020, 45 TexReg 4528; amended to be effective January 25, 2021, 46 TexReg 593.