(a) To ensure that the activities of a hospital resulting from a merger agreement continue to benefit the public, the Texas Health and Human Services Commission (HHSC) may:
  (1) investigate the hospital's activities; and
  (2) require the hospital to perform a certain action or refrain from a certain action or revoke the hospital's certificate of public advantage, if HHSC determines that:
    (A) the hospital is not complying with Texas Health and Safety Code Chapter 314A, this chapter, or a term or condition of compliance with the Certificate of Public Advantage (COPA) governing the hospital's immunized activities;
    (B) HHSC's approval and issuance of the COPA was obtained as a result of material misrepresentation;
    (C) the hospital has failed to pay any fee required under this chapter; or
    (D) the benefits resulting from the approved merger no longer outweigh the disadvantages attributable to the reduction in competition resulting from the approved merger.
(b) HHSC may make any entrance, inspection, review, or investigation it considers necessary to ensure the activities of a hospital operating under a COPA continue to benefit the public.
  (1) An HHSC representative may enter the premises of a hospital operating under the COPA at any reasonable time for purposes of this chapter.
  (2) HHSC may access, inspect, and copy all books, records, or other documents maintained by or on behalf of a hospital operating under the COPA as necessary for the purposes of this chapter.
  (3) A hospital operating under the COPA shall cooperate with any entrance, inspection, review, or investigation by HHSC for the purposes of this chapter.
  (4) HHSC shall maintain the confidentiality of hospital records as applicable under federal and state law.

Source Note: The provisions of this §567.53 adopted to be effective October 25, 2020, 45 TexReg 7588; amended to be effective January 1, 2023, 47 TexReg 8724