(a) Enforcement is a process by which a sanction is proposed, and if warranted, imposed on an applicant or licensee regulated by the Texas Health and Human Services Commission (HHSC) for failure to comply with applicable statutes, rules, and orders.(b) Denial, suspension or revocation of a license or imposition of an administrative penalty. HHSC has jurisdiction to enforce violations of Health and Safety Code (HSC) Chapter 248 (relating to Special Care Facilities) and this chapter. HHSC may deny, suspend, or revoke a license or impose an administrative penalty for:(1) failure to comply with any applicable provision of the HSC, including Chapter 248;(2) failure to comply with any provision of this chapter or any other applicable laws;(3) the facility, or any of its employees, committing an act which causes actual harm or risk of harm to the health or safety of a resident;(4) the facility, or any of its employees, materially altering any license issued by HHSC;(5) failure to comply with minimum standards for licensure;(6) failure to provide a complete license application;(7) failure to comply with an order of the HHSC executive commissioner or another enforcement procedure under HSC Chapter 248;(8) a history of failure to comply with the applicable rules relating to resident environment, health, safety, and rights;(9) the facility aiding, committing, abetting, or permitting the commission of an illegal act;(10) the facility, or any of its employees, committing fraud, misrepresentation, or concealment of a material fact on any documents required to be submitted to HHSC or required to be maintained by the facility pursuant to HSC Chapter 248 and the provisions of this chapter;(11) failure to timely pay an assessed administrative penalty as required by HHSC;(12) failure to submit an acceptable plan of correction for cited deficiencies within the timeframe required by HHSC;(13) failure to timely implement plans of corrections to deficiencies cited by HHSC within the dates designated in the plan of correction; or(14) failure to comply with applicable requirements within a designated probation period.(c) HHSC may deny a person or entity a license or suspend or revoke an existing license on the grounds that the person or entity has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of the ownership or operation of a facility.(1) In determining whether a criminal conviction directly relates, HHSC shall apply the requirements and consider the provisions of Texas Occupations Code Chapter 53.(2) The following felonies and misdemeanors directly relate to the duties and responsibilities of the ownership or operation of a health care facility because these criminal offenses indicate an ability or a tendency for the person to be unable to own or operate a facility:(A) a misdemeanor violation of HSC Chapter 248;(B) a misdemeanor or felony involving moral turpitude;(C) a misdemeanor or felony relating to deceptive business practice;(D) a misdemeanor or felony of practicing any health-related profession without a required license;(E) a misdemeanor or felony under any federal or state law relating to drugs, dangerous drugs, or controlled substances;(F) a misdemeanor or felony under Texas Penal Code (TPC)