SECTION 551.233. Revocation

(a) The Texas Health and Human Services Commission (HHSC) may revoke a facility's license when:

(1) the facility's violation of the licensure rules jeopardizes the health and safety of the residents; or

(2) the facility has violated the requirements of Texas Health and Safety Code, Chapter 252, or the rules adopted under that chapter, in either a repeated or substantial manner.

(b) In addition, HHSC may revoke a license if the license holder:

(1) submitted false or misleading statements in the application for a license or any accompanying attachments;

(2) used subterfuge or other evasive means to obtain the license;

(3) concealed a material fact in the application for a license or failed to disclose information required in §551.13 of this chapter (relating to Applicant Disclosure Requirements) that would have been the basis to deny the license under §551.17 of this chapter (relating to Criteria for Denying a License or Renewal of a License); or

(4) received monetary or other remuneration from a person or agency that furnishes services or materials to the facility or individuals for a fee.

(c) Revocation of a license may occur simultaneously with any other enforcement provision available to HHSC.

(d) The facility will be notified by certified mail of HHSC's intent to revoke the license, including the facts or conduct alleged to warrant the revocation. The facility has an opportunity to show compliance with all requirements of law for the retention of the license as provided in §551.18 of this chapter (relating to Informal Reconsideration). If the facility requests an informal reconsideration, HHSC will give the license holder a written affirmation or reversal of the proposed action.

(e) The facility will be notified by certified mail of HHSC's intent to revoke the license, including the facts or conduct alleged to warrant the revocation. The facility has 15 days from receipt of the certified mail notice to request a hearing in accordance with 1 TAC §357.484 (relating to Request for a Hearing). The revocation will take effect when the deadline for appeal of the revocation passes, unless the facility appeals the revocation. If the facility appeals the revocation, the status of the license holder is preserved until final disposition of the contested matter. Upon revocation, the license must be returned to HHSC.

Source Note: The provisions of this §551.233 adopted to be effective August 31, 1993, 18 TexReg 2557; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective September 1, 1994, 19 TexReg 5731; amended to be effective May 1, 1995, 20 TexReg 1659; amended to be effective February 1, 1999, 23 TexReg 11829; amended to be effective May 1, 2000, 25 TexReg 3557; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787