| (a) HHSC requires corrective action if the contractor's
compliance score for a standard is less than 90 percent as described
in §49.411(d) of this chapter (relating to Contract and Fiscal
Monitoring).
(b) HHSC may require corrective action if HHSC determines
the contractor has not complied with its contract, including a determination
of non-compliance described in §49.411(e) of this chapter or §49.413(e)
of this chapter (relating to Investigation). Corrective action may
include the contractor paying or ensuring payment to a personal attendant
who was not paid the wage required by §49.312 of this chapter
(relating to Personal Attendants) the difference between the amount
required and the amount paid to the personal attendant.
(c) If HHSC requires corrective action in accordance
with subsection (a) or (b) of this section, HHSC notifies the contractor
in writing that the contractor must submit and implement a written
corrective action plan.
(d) If HHSC notifies the contractor in accordance with
subsection (c) of this section, the contractor must submit a written
corrective action plan to HHSC within 10 business days after the date
of the notice from HHSC.
(e) A corrective action plan submitted in accordance
with subsection (c) of this section must:
(1) describe the non-compliance that HHSC identified
from the monitoring or investigation resulting in the corrective action
plan;
(2) describe the activities the contractor will perform
to correct or prevent the non-compliance described in paragraph (1)
of this subsection from reoccurring;
(3) include the title of the person responsible for
performing the activities described in paragraph (2) of this subsection;
and
(4) include a schedule for performing the activities
described in paragraph (2) of this subsection.
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