(a) HHSC may take one or more of the following actions against a contractor in accordance with §49.522 and §49.523 of this division (relating to Corrective Action Plan and Referral Hold):
  (1) require the development of and compliance with a corrective action plan; and
  (2) impose a referral hold.
(b) HHSC may consider the following factors in determining the action to be taken:
  (1) the extent and seriousness of the contractor's non-compliance with the contract that is the subject of the action;
  (2) the contractor's history of previous non-compliance with:
    (A) the contract that is the subject of the action;
    (B) a contract other than the one that is the subject of the action;
    (C) a contractual agreement with HHSC; and
    (D) a contractual agreement with a governmental entity other than HHSC;
  (3) previous action taken or sanctions imposed against the contractor by DADS or HHSC; and
  (4) the contractor's written response to HHSC's finding that the contractor is not in compliance with the contract.

Source Note: The provisions of this §52.271 adopted to be effective September 1, 2014, 39 TexReg 6637; amended to be effective September 1, 2018, 43 TexReg 5230; transferred effective April 29, 2024, as published in the March 29, 2024, issue of the Texas Register, 49 TexReg 2091