| (B) earlier than 31 calendar days after the date of
the exit conference of the post 45-day follow-up survey if the program
provider has submitted evidence of corrective action to HHSC during
the 30-day period.
(r) HHSC takes the actions described in this subsection
regarding a survey described in subsection (q)(3) of this section.
(1) If HHSC determines from the survey that the program
provider has completed corrective action, the administrative penalty
stops accruing on the date corrective action was completed, as determined
by HHSC. HHSC sends the program provider a written notice as described
in 40 TAC §49.535(c).
(2) If HHSC determines from the survey that the program
provider has not completed the corrective action, the administrative
penalty stops accruing and HHSC:
(A) imposes a vendor hold against the program provider;
or
(B) denies or terminates certification of the program
provider.
(s) If HHSC determines that a program provider committed
any of the actions described in §565.45(a)(2) of this subchapter,
HHSC takes one of the following actions:
(1) imposes an administrative penalty against the program
provider as described in §565.45 of this subchapter;
(2) imposes a vendor hold against the program provider;
or
(3) denies or terminates certification of the program
provider.
(t) If HHSC imposes a vendor hold in accordance with
this section:
(1) for a program provider with a provisional contract,
HHSC initiates termination of the program provider's contract in accordance
with 40 TAC §49.534 (relating to Termination of Contract by HHSC);
or
(2) for a program provider with a standard contract,
HHSC conducts a survey at least 31 calendar days after the effective
date of the vendor hold to determine if the program provider completed
the corrective action required to release the vendor hold and:
(A) if the program provider completed the corrective
action, HHSC releases the vendor hold; or
(B) if the program provider has not completed the corrective
action, HHSC denies or terminates certification.
(u) If HHSC determines that a program provider is out
of compliance with §565.9(b)(2) of this chapter (relating to
Program Provider Requirements), corrective action required by HHSC
may include the program provider paying or ensuring payment to a service
provider of supported home living or CFC PAS/HAB who was not paid
the wages required by §565.9(b)(2) of this chapter, the difference
between the amount required and the amount paid to the service provider.
(v) HHSC does not cite a program provider for violation
of a certification standard based solely on the action or inaction
of a person who is not a service provider or a staff member. HHSC
may cite a program provider for violation of a certification standard
based on the program provider's response to the action or inaction
of such a person.
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