| (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.
Attached Graphic
(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).
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| Source Note: The provisions of this §551.236 adopted to be effective May 1, 1995, 20 TexReg 1659; amended to be effective February 1, 1999, 23 TexReg 11829; amended to be effective May 1, 2000, 25 TexReg 3557; amended to be effective June 1, 2002, 27 TexReg 4367; amended to be effective January 15, 2009, 34 TexReg 238; amended to be effective October 28, 2018, 43 TexReg 7191; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787 |
