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) fails to provide timely and sufficient information required by HHSC that is directly related to the application; or
  (2) has had the following actions taken against the applicant within the two-year period preceding the application:
    (A) decertification or cancellation of its contract under the Medicare or Medicaid program in any state;
    (B) federal Medicare or state Medicaid sanctions or penalties;
    (C) unsatisfied federal or state tax liens;
    (D) unsatisfied final judgments;
    (E) eviction involving any property or space used as a freestanding emergency medical care (FEMC) facility in any state;
    (F) unresolved federal Medicare or state Medicaid audit exceptions;
    (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
    (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