| (a) A facility is deemed to have received any Texas
Health and Human Services Commission (HHSC) correspondence on the
date of receipt, or three business days after mailing, whichever is
earlier.
(b) When HHSC finds deficiencies:
(1) HHSC provides the facility with a written Statement
of Deficiencies (SOD) within 10 business days after the exit conference
via U.S. Postal Service or electronic mail.
(2) Within 10 calendar days after the facility's receipt
of the SOD, the facility shall return to HHSC a written Plan of Correction
(POC) that addresses each cited deficiency, including timeframes for
corrections, together with any additional evidence of compliance.
(A) HHSC determines if a POC and proposed timeframes
are acceptable, and, if accepted, notifies the facility in writing.
(B) If HHSC does not accept the POC, HHSC notifies
the facility in writing and requests the facility submit a modified
POC and any additional evidence no later than 10 business days after
HHSC notifies the facility in writing.
(C) The facility shall correct the identified deficiencies
and submit to HHSC evidence verifying implementation of corrective
action within the timeframes set forth in the POC, or as otherwise
specified by HHSC.
(3) Regardless of the facility's compliance with this
subsection or HHSC's acceptance of a facility's POC, HHSC may, at
any time, propose to take enforcement action as appropriate under
this chapter.
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