26 Tex. Admin. Code § 551.240 - Right to Correct
(a) Except as
provided in subsection (b) of this section, before imposing an administrative
penalty, the Texas Health and Human Services Commission (HHSC) gives a
reasonable period of time, not less than 45 days, to correct a violation if a
plan of correction is implemented. A facility may request a shorter period of
time to correct the violation by submitting a written request for an early
inspection to clear the violation. If, during the requested early inspection,
HHSC finds that the correction is not satisfactory, an administrative penalty
may immediately be assessed from the first day of violation.
(b) HHSC does not give a facility a period of
time to correct a violation before assessing an administrative penalty if HHSC
determines that the violation:
(1) is a
pattern of violation that results in actual harm;
(2) is widespread in scope and results in
actual harm;
(3) is widespread in
scope, creates a potential for more than minimal harm, and relates to:
(A) staff treatment of a resident, as
described in 42 Code of Federal Regulations (CFR) §483.420 (relating to
Condition of Participation: Client Protections); §
551.42(g) of
this chapter (relating to Standards for a Facility); §
551.212 of this chapter (relating
to Reporting Abuse, Neglect, and Exploitation to HHSC Provider Investigations);
§
551.213 of this chapter (relating
to Reporting Incidents to HHSC); or §
551.214 of this chapter (relating
to Protection of Residents After Report of Abuse, Neglect, and
Exploitation);
(B) active
treatment, as described in
42 CFR §
483.440 (relating to Condition of
Participation: Active Treatment Services) and §
551.42(i) of
this chapter;
(C) client behavior
and facility practices, as described in
42
CFR §
483.450 (relating to Condition of
Participation: Client Behavior and Facility Practices) and §
551.42(j) of
this chapter;
(D) health care
services, as described in
42 CFR §
483.460 (relating to Condition of
Participation: Health Care Services) and §
551.42(k) of
this chapter;
(E) drug
administration, as described in
42 CFR §
483.460(k) (relating to
Standard: Drug Administration) and §
551.43 of this chapter (relating
to Administration of Medication);
(F) infection control, as described in
42 CFR §
483.470(l) (relating to
Standard: Infection Control) and §
551.42(l) of
this chapter;
(4)
constitutes an immediate threat to the health or safety of a
resident;
(5) substantially limits
the facility's capacity to provide care; or
(6) is described in §
551.236(a)(2) -
(8) of this subchapter (relating to
Administrative Penalties).
(c) HHSC may not assess an administrative
penalty for a minor violation that HHSC gave the facility time to correct if
the facility corrects the violation not later than the 46th day after the
facility receives notice of the violation.
(d) If the facility reports to HHSC that the
violation has been corrected, HHSC inspects the facility or takes any other
steps necessary to confirm that the violation has been corrected and notifies
the facility that:
(1) the correction is
satisfactory and a penalty is not assessed; or
(2) the correction is not satisfactory and a
penalty is recommended.
(e) If the facility wishes to appeal the
administrative penalty, the facility must file a notice to request a hearing on
the violation or penalty no later than the 20th calendar day after the date on
which the facility received the notice to pay an administrative
penalty.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.