Section 52.301 - Sanction by HHSC(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.26 Tex. Admin. Code § 52.301
Transferred from 40 TAC § 49.531 Texas Register, Volume 49, Number 13, March 29, 2024, TexReg 2091, eff. 4/29/2024