26 Tex. Admin. Code § 551.236 - Administrative Penalties
(a) The Texas
Health and Human Services Commission (HHSC) may assess an administrative
penalty against a license holder if the license holder:
(1) violates Texas Health and Safety Code,
Chapter 252, or any rule, standard, or order adopted or a license issued under
such chapter and the violation creates a potential for more than minimal harm,
results in actual harm, or poses an immediate threat to the health or safety of
a resident;
(2) makes a false
statement, that the person knows or should know is false, of a material fact:
(A) on an application for issuance or renewal
of a license or in documentation submitted to HHSC in support of the
application; or
(B) with respect to
a matter under investigation by HHSC;
(3) refuses to allow a representative of HHSC
to inspect:
(A) a book, record, or file
required to be maintained by the person; or
(B) any portion of the premises of a
facility;
(4) willfully
interferes with the work of a representative of HHSC or the enforcement of
Texas Health and Safety Code, Chapter 252;
(5) willfully interferes with a
representative of HHSC preserving evidence of a violation of Texas Health and
Safety Code, Chapter 252, or a rule, standard, or order adopted or license
issued under such chapter;
(6)
fails to pay a penalty assessed by HHSC under Texas Health and Safety Code,
Chapter 252, not later than the 10th day after the date the assessment of the
penalty becomes final;
(7) fails to
submit an acceptable plan of correction to HHSC within 10 working days after
receiving the final statement of licensing violations; or
(8) fails to notify HHSC of a change in
ownership before the effective date of that change of ownership.
(b) In determining if a violation
described in subsection (a)(1) of this section warrants an administrative
penalty, HHSC considers:
(1) the seriousness
of the violation, including the nature, circumstances, extent, and gravity of
the violation;
(2) the hazard of
the violation to the health and safety of a resident; and
(3) whether the affected license holder had
identified the violation as part of its internal quality assurance process and
had made appropriate progress on correction.
(c) HHSC does not assess an administrative
penalty against a license holder because of a physician's or consultant's
nonperformance beyond the license holder's control or if documentation clearly
indicates the violation is beyond the license holder's control.
(d) An administrative penalty assessed in
accordance with subsection (a)(1) of this section begins on the first date HHSC
establishes that the violation that caused the penalty to be assessed
exists.
(e) An administrative
penalty assessed in accordance with subsection (a)(1) of this section ceases on
the date the violation is corrected. A violation is corrected if the license
holder:
(1) notifies HHSC in writing that the
violation has been corrected;
(2)
states the date of the correction in the notification; and
(3) maintains evidence that the violation was
corrected on the date in the notification.
(f) An administrative penalty assessed in
accordance with subsection (a)(1) of this section is determined based on the
scope and severity of the violation, in accordance with the figures in this
section.
(g) An administrative penalty
assessed in accordance with subsection (a)(2) - (8) of this section is in the
following amount:
(1) for a facility with a
licensed capacity of fewer than 60 residents:
(A) $500 for the first violation of the
paragraph;
(B) $750 for the second
violation of the same paragraph; and
(C) $1000 for the third violation of the same
paragraph; and
(2) for a
facility with a license capacity of 60 or more residents:
(A) $500 for the first violation of the
paragraph;
(B) $3500 for the second
violation of the same paragraph; and
(C) $5000 for the third violation of the same
paragraph.
(h)
Administrative penalties will be imposed on a per diem basis.
(i) The total amount of penalties assessed
under this subsection for an on-site regulatory visit or complaint
investigation, regardless of the duration of any ongoing violations, may not
exceed:
(1) $5000 for a facility with a
capacity of fewer than 60 residents; and
(2) $25000 for a facility with a capacity of
60 residents or more.
(j)
If HHSC determines that a violation has occurred and that an administrative
penalty is proposed, HHSC notifies the license holder of the proposal to assess
an administrative penalty. The notification includes:
(1) a brief summary of the alleged
violation;
(2) a statement of the
amount of the proposed penalty; and
(3) a statement of the license holder's right
to request a hearing on the occurrence of the violation, the amount of the
violation, the amount of the penalty, or both the occurrence of the violation
and the amount of the penalty.
(k) A license holder that is notified in
accordance with subsection (j) of this section may file a request for a hearing
with HHSC. To receive a hearing, a license holder must request a hearing in
accordance with 1 TAC §
357.484(relating to Request for a
Hearing) except, as provided by Texas Health and Safety Code §
252.066
(relating to Notice; Request for Hearing), the license holder must make a
written request for a hearing within 20 calendar days after the date on which
the license holder receives written notice of the administrative penalty. A
hearing requested under this section is governed by 1 TAC Chapter 357,
Subchapter I (relating to Hearings Under the Administrative Procedure
Act).
Notes
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