26 Tex. Admin. Code § 554.2114 - Right to Correct
(a) HHSC may not
collect an administrative penalty if, not later than the 45th day after the
date the facility receives notice, the facility corrects the
violation.
(b) If the facility
reports to HHSC that the violation has been corrected, HHSC inspects the
facility for the correction 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.
(c) The facility must request a
hearing on the violation no later than the 20th day after the date on which the
notice is sent.
(d) Subsection (a)
of this section does not apply to:
(1) a
violation that HHSC determines:
(A) represents
a pattern of violation that results in actual harm;
(B) is widespread in scope and results in
actual harm;
(C) is widespread in
scope, constitutes a potential for actual harm, and relates to:
(i) treatment of residents as described in
§
554.602 of this chapter (relating
to Incidents of Abuse and Neglect Reportable to the Texas Department of Aging
and Disability Services (DADS) and Law Enforcement Agencies by
Facilities);
(ii) resident behavior
and institution practices as described in §
554.601 of this chapter (relating
to Resident Behavior and Facility Practice);
(iii) quality of care as described in §
554.901 of this chapter (relating
to Quality of Care);
(iv)
medication errors as described in §
554.901(13) of
this chapter;
(v) standard menus
and nutritional adequacy as described in §
554.1107 of this chapter (relating
to Menus and Nutritional Adequacy);
(vi) physician visits as described in
§554.1201 (relating to Physician Services), §554.1202 (relating to
Physician Visits), §554.1203 (relating to Frequency of Physician Visits),
§554.1204 (relating to Availability of Physician for Emergency Care),
§554.1205 (relating to Physician Delegation of Tasks), §554.1206
(relating to Physician Signatures) and §
554.1207(relating to Prescription
of Psychoactive Medication) of this chapter;
(vii) infection control as described in
§
554.1601 of this chapter (relating
to Infection Control);
(viii) life
safety from fire as described in §554.101(69) and (70) (relating to
Definitions); or
(ix) emergency
preparedness and response as described in §
554.1914 of this chapter (relating
to Emergency Preparedness and Response);
(D) constitutes an immediate threat to the
health or safety of a resident; or
(E) substantially limits the facility's
capacity to provide care;
(2) the violations listed in §
554.214(a)(2)-(6)
of this chapter (relating to Criteria for Denying a License or Renewal of a
License);
(3) the violation of a
resident right;
(4) a violation
listed in §
554.2112(a)(8) or
(9) of this chapter (relating to
Administrative Penalties); or
(e) A facility that corrects a violation
under subsection (a) of this section must maintain the correction. If the
facility fails to maintain the correction until the first anniversary of the
date the correction was made, HHSC may assess an administrative penalty equal
to three times the amount of the original penalty assessed, but not collected.
HHSC does not provide a facility an opportunity to correct the subsequent
violation.
Notes
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