After the exclusion period specified by the department, the provider or entity may request reinstatement as specified in the notification letter. The department determines the need for individual provider participation or reinstatement. The request for reinstatement could result in a denial by the department. This determination is based on the following criteria:
  (1) accessibility of other health care to the recipient population; and
  (2) the provider's previous conduct, including conduct during participation in the Titles XVIII, XIX, XX, and V programs in any state, or any conduct or action for which a sanction could have been taken, as described in these sections or §79.2105 of this title (relating to Grounds for Fraud Referral and Administrative Sanctions) or §79.2402 of this title (relating to Liability).

Source Note: The provisions of this §357.594 adopted to be effective December 15, 1988, 13 TexReg 5828; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013