Section 352.19 - Temporary Moratoria(a) HHSC or its designee may enforce temporary moratoria imposed pursuant to the requirements of §1867 and §1902 of the Social Security Act (RSA 455.470 and § RSA 457.990) on enrollment of new providers or suppliers or impose numerical caps or other limits.(b) HHSC may determine to impose a temporary moratorium in the Texas Medicaid and CHIP programs based on provider or supplier type, geographical area, new practice locations, or a category of provider or supplier identified as having an increased risk or a potential risk of fraud, waste, or abuse, with the concurrence of the Secretary of Health and Human Services.(c) A temporary moratorium that is imposed in accordance with this section will be for an initial period of six months, and may be extended in six-month increments at the direction of or in concurrence with the Secretary of Health and Human Services.(d) HHSC will not process an application if a moratorium or other limit on enrollment is in effect. If an enrollment application is denied solely as the result of a temporary moratorium, HHSC will refund any application fee submitted with the enrollment application.1 Tex. Admin. Code § 352.19
The provisions of this §352.19 adopted to be effective December 31, 2012, 37 TexReg 9899