(a) HHSC may determine an applicant or contractor is ineligible to contract with HHSC if the applicant, contractor, or a controlling person of the applicant or contractor has a conviction of any of the following misdemeanor or felony offenses, regardless of the date of conviction:
  (1) an offense listed in §99.2(a) of this title (relating to Convictions Barring Licensure);
  (2) an offense related to the person's involvement in any program under Medicare, Medicaid, or Title XX, Subtitle A of the Social Security Act;
  (3) an offense described in Texas Occupations Code, §102.001 or §102.006 (relating to Solicitation, Offense; and Failure to Disclose, Offense); or
  (4) an offense of aiding, abetting, or conspiring to commit an offense described in paragraphs (1) - (3) of this subsection.
(b) HHSC considers a conviction of an offense under the laws of another state, federal law, or the Uniform Code of Military Justice containing elements that are substantially similar to the elements of an offense listed in subsection (a) of this section as if it is a conviction of one of the listed offenses.
(c) If an applicant, contractor or a controlling person of an applicant or contractor has a conviction of an offense listed in subsection (a) or (b) of this section, HHSC considers the following information when determining if the applicant or contractor is eligible to contract with HHSC:
  (1) the nature and seriousness of the offense;
  (2) the relationship of the offense to the applicant's, contractor's, or controlling person's duties under the contract;
  (3) the extent to which a contract might offer an opportunity for the applicant, contractor, or controlling person to engage in activity similar to the offense;
  (4) the age of the applicant, contractor, or controlling person at the time of the offense;
  (5) the amount of time since the offense;
  (6) whether the applicant, contractor, or controlling person has been convicted of other offenses; and
  (7) any other information provided by the applicant, contractor, or controlling person to explain the circumstances of the offense or to evidence the applicant's, contractor's, or controlling person's conduct since the offense.

Source Note: The provisions of this §52.35 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