| (a) Except as provided in subsection (b) of this section,
before imposing an administrative penalty, the Texas Health and Human
Services Commission (HHSC) gives a reasonable period of time, not
less than 45 days, to correct a violation if a plan of correction
is implemented. A facility may request a shorter period of time to
correct the violation by submitting a written request for an early
inspection to clear the violation. If, during the requested early
inspection, HHSC finds that the correction is not satisfactory, an
administrative penalty may immediately be assessed from the first
day of violation.
(b) HHSC does not give a facility a period of time
to correct a violation before assessing an administrative penalty
if HHSC determines that the violation:
(1) is a pattern of violation that results in actual
harm;
(2) is widespread in scope and results in actual harm;
(3) is widespread in scope, creates a potential for
more than minimal harm, and relates to:
(A) staff treatment of a resident, as described in
42 Code of Federal Regulations (CFR) §483.420 (relating to Condition
of Participation: Client Protections); §551.42(g) of this chapter
(relating to Standards for a Facility); §551.212 of this chapter
(relating to Reporting Abuse, Neglect, and Exploitation to HHSC Provider
Investigations); §551.213 of this chapter (relating to Reporting
Incidents to HHSC); or §551.214 of this chapter (relating to
Protection of Residents After Report of Abuse, Neglect, and Exploitation);
(B) active treatment, as described in 42 CFR §483.440
(relating to Condition of Participation: Active Treatment Services)
and §551.42(i) of this chapter;
(C) client behavior and facility practices, as described
in 42 CFR §483.450 (relating to Condition of Participation: Client
Behavior and Facility Practices) and §551.42(j) of this chapter;
(D) health care services, as described in 42 CFR §483.460
(relating to Condition of Participation: Health Care Services) and §551.42(k)
of this chapter;
(E) drug administration, as described in 42 CFR §483.460(k)
(relating to Standard: Drug Administration) and §551.43 of this
chapter (relating to Administration of Medication);
(F) infection control, as described in 42 CFR §483.470(l)
(relating to Standard: Infection Control) and §551.42(l) of this
chapter;
(G) food and nutrition services, as described in 42
CFR §483.480 (relating to Condition of Participation: Dietetic
Services) and §551.42(n) of this chapter; or
(H) emergency preparedness and response, as described
in 42 CFR §483.475 (relating to Condition of Participation: Emergency
Preparedness) and §551.42(m) of this chapter;
(4) constitutes an immediate threat to the health or
safety of a resident;
(5) substantially limits the facility's capacity to
provide care; or
(6) is described in §551.236(a)(2) - (8) of this
subchapter (relating to Administrative Penalties).
(c) HHSC may not assess an administrative penalty for
a minor violation that HHSC gave the facility time to correct if the
facility corrects the violation not later than the 46th day after
the facility receives notice of the violation.
(d) If the facility reports to HHSC that the violation
has been corrected, HHSC inspects the facility or takes any other
steps necessary to confirm that the violation has been corrected and
notifies the facility that:
(1) the correction is satisfactory and a penalty is
not assessed; or
(2) the correction is not satisfactory and a penalty
is recommended.
(e) If the facility wishes to appeal the administrative
penalty, the facility must file a notice to request a hearing on the
violation or penalty no later than the 20th calendar day after the
date on which the facility received the notice to pay an administrative
penalty.
|
| Source Note: The provisions of this §551.240 adopted to be effective May 1, 2000, 25 TexReg 3557; 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 |
