1 Tex. Admin. Code § 371.1715 - Damages and Penalties
(a) The OIG
may assess administrative penalties otherwise authorized by law on behalf of
the commission or a health and human services agency.
(b) Any administrative penalties or damages
assessed for violations related to health care items or services that are
authorized or provided under federal law, including claims submitted by persons
for payment under the Medicaid program, are determined as provided in Texas
Human Resources Code, §
32.039. The OIG
will also follow the procedures for imposing penalties or damages in Texas
Human Resources Code, §
32.039, which
include opportunities for a person subject to potential penalties or damages to
have an informal review and an appeal, and apply the factors in accordance with
§
371.1603 of this subchapter
(relating to Legal Basis and Scope).
(c) This rule shall not be construed to deny
any person potentially subject to an administrative sanction imposed by the
OIG, including administrative damages or penalties, the right to introduce
mitigating evidence in a contested case proceeding. This rule also shall not be
construed to deny the OIG the right to introduce any evidence supporting any of
the factors described in §
371.1603 of this subchapter
(relating to Legal Basis and Scope) in a contested case proceeding in which the
agency seeks to impose an administrative sanction, including administrative
damages or penalties, upon a person.
(d) Due process.
(1) After service of a notice of preliminary
report recommending the assessment of an administrative penalty, a person has a
right to make a written request for an informal review not later than the tenth
day after service of the notice.
(2) After receiving written notice of the
results of an informal review, a person may make a written request for an
administrative appeal hearing no later than ten days after the date of service
of the notice.
Notes
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