(a) HHSC may take one or more of the following sanctions:
  (1) for any contractor, impose a vendor hold in accordance with §49.532 of this division (relating to Vendor Hold);
  (2) for any contractor, recoup funds in accordance with §49.533 of this division (relating to Recoupment);
  (3) for any contractor, terminate the contract in accordance with §49.534 of this division (relating to Termination of Contract by HHSC); and
  (4) for a contractor that has a contract for the HCS Program or TxHmL Program, impose an administrative penalty in accordance with §49.535 of this division (relating to Administrative Penalties in HCS and TxHmL Programs).
(b) For a sanction described in subsection (a)(1) or (3) of this section, HHSC may consider factors in determining the sanction to be taken, including:
  (1) the extent and seriousness of the contractor's non-compliance with the contract that is the subject of the sanction;
  (2) the contractor's history of previous non-compliance with:
    (A) the contract that is the subject of the sanction;
    (B) a contract other than the one that is the subject of the sanction;
    (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 §52.301 adopted to be effective September 1, 2014, 39 TexReg 6637; amended to be effective September 1, 2018, 43 TexReg 5230; amended to be effective April 28, 2020, 45 TexReg 2725; transferred effective April 29, 2024, as published in the March 29, 2024, issue of the Texas Register, 49 TexReg 2091