The Commissioner may proceed under applicable provisions of Health and Safety Code, §§ 246.091-246.097, if, upon examination or at any other time, it appears that the facility or provider is insolvent or its condition be, in the opinion of the Commissioner, such that the provider is unable to meet its projected occupancy goals or cash projections as filed in such a manner as endangers the ability of the provider to perform fully its obligations under continuing care contracts.
28 Tex. Admin. Code § 33.507