26 Tex. Admin. Code § 554.2115 - Amelioration of Violation
(a) In lieu of
demanding payment of an administrative penalty, the commissioner may allow the
person to use, under supervision of the Texas Department of Human Services
(DHS), a portion of the penalty to ameliorate the violation or to improve
services, other than administrative services, in the nursing
facility.
(b) DHS will offer
amelioration to a person for a violation if DHS determines that the violation
does not constitute immediate jeopardy to the health and safety of an
institution resident. In this section, "immediate jeopardy to health and
safety" means a situation in which immediate corrective action is necessary
because the facility's noncompliance with one or more requirements has caused,
or is likely to cause, serious injury, harm, impairment, or death to a
resident.
(c) DHS will not offer
amelioration to a person if:
(1) the person
has been charged with a violation that is subject to the right-to-correct,
or
(2) DHS determines that the
violation constitutes immediate jeopardy to the health and safety of a
resident.
(d) DHS will
offer amelioration to a person not later than the 10th day after the date the
person receives from DHS a final notification of assessment of administrative
penalty that is sent to the person after an informal dispute resolution process
but before an administrative hearing.
(e) A person to whom amelioration has been
offered must file a plan for amelioration not later than the 45th day after the
date the person receives the offer of amelioration from DHS. In submitting the
plan, the person must agree to waive the person's right to an administrative
hearing if DHS approves the plan.
(f) At a minimum, a plan for amelioration
must:
(1) propose changes to the management
or operation of the facility that will improve services to or quality of care
of residents,
(2) identify, through
measurable outcomes, the ways in which and the extent to which the proposed
changes will improve services to or quality of care of residents,
(3) establish clear goals to be achieved
through the proposed changes,
(4)
establish a timeline for implementing the proposed changes, and
(5) identify specific actions necessary to
implement the proposed changes.
(g) DHS may require that an amelioration plan
propose changes that would result in conditions that exceed the minimum
requirements for nursing facility licensure.
(h) DHS will approve or deny an amelioration
plan not later than the 45th day after the date DHS receives the plan. On
approval of a person's plan, DHS will deny a pending request for a hearing
submitted by the person.
(i) DHS
will not offer amelioration to a person:
(1)
more than three times in a two-year period; or
(2) more than one time in a two-year period
for the same or similar violation.
Notes
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