|(a) The department will send written notice to the
program provider of its intent to impose a DPoC, a vendor hold, or
both in accordance with §419.266 of this title (relating to Department
Review of State Survey Agency Findings).
(b) Within 10 days after receipt of a notice of intent
to impose a DPoC sent in accordance with subsection (a) of this section,
a program provider may submit written recommendations to the department
regarding the content of the DPoC.
(c) The department will send the final DPoC to the
program provider within 30 days after the date of the notice sent
in accordance with subsection (a) of this section.
(d) The department will monitor a program provider
to determine if the program provider has implemented or completed
the DPoC. Such monitoring may include reviews of documentation and
on-site facility visits.
(e) If a facility is the subject of a DPoC and the
facility fails to implement the DPoC, the department may impose a
vendor hold on payments due under the provider agreement for that
(f) The department will release a vendor hold imposed
in accordance with subsection (e) of this section if the department
determines that the program provider has implemented the DPoC.
(g) The department will release a vendor hold imposed
in accordance with §419.266 of this title if the state survey
agency determines that the program provider meets the SoPs, CoPs,
or state rules that caused the vendor hold. Prior to such a determination,
the department may release such a vendor hold if the state survey
agency determines that circumstances of immediate jeopardy identified
by the state survey agency have been removed.
|Source Note: The provisions of this §261.267 adopted to be effective January 1, 2001, 25 TexReg 12790; amended to be effective March 31, 2002, 27 TexReg 2475; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127