| (a) The following words and terms, when used in this
section, have the following meanings unless the context clearly indicates
otherwise.
(1) Actual harm--A negative outcome that compromises
a minor's physical, mental, or emotional well-being.
(2) Immediate threat to the health or safety of a minor--A
situation that causes, or is likely to cause, serious injury, harm,
or impairment to or the death of a minor.
(3) Isolated--A very limited number of minors are affected
and a very limited number of staff are involved, or the situation
has occurred only occasionally.
(4) Pattern of violation--Repeated, but not widespread
in scope, failures of a center to comply with THSC Chapter 248A or
a rule, standard, or order adopted under THSC Chapter 248A that:
(A) result in a violation; and
(B) are found throughout the services provided by the
center or that affect or involve the same minor or center employees.
(5) Potential for minimal harm--A violation that has
the potential for causing no more than a minor negative impact on
a minor.
(6) Widespread in scope--A violation that:
(A) is pervasive throughout the services provided by
the center; or
(B) represents a systemic failure by the center that
affects or has the potential to affect a large portion of or all of
the minors of the center.
(b) Assessing penalties. HHSC may assess an administrative
penalty against a person who violates:
(1) THSC, Chapter 248A; or
(2) a provision in this chapter for which a penalty
may be assessed.
(c) Criteria for assessing penalties. HHSC assesses
an administrative penalty based on the scope and severity of a violation
in accordance with the table in this section. Within an established
range, HHSC determines the amount of an administrative penalty based
on the following criteria:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the threat to the health or safety caused by the
violation;
(3) any previous violations;
(4) the amount necessary to deter future violations;
(5) efforts made by the violator to correct the violation;
and
(6) any other matters that justice may require.
(d) Penalty calculation and assessment. The table in
this section sets forth the ranges for administrative penalties that
HHSC assesses, based on the scope and severity of a violation. An
administrative penalty may not exceed $500 for each violation. Each
day a violation continues or occurs is a separate violation for purposes
of imposing a penalty.
(e) Schedule of appropriate and graduated penalties.
(f) The penalty range for a Severity Level A violation
is $400 - $500 per violation.
(g) A Severity Level A violation is a violation that
results in immediate threat to a minor's health or safety.
(h) The penalty range for a Severity Level B violation
is $300 - $400 per violation.
(i) A Severity Level B violation is a violation that
results in actual harm that is not considered an immediate threat.
(j) The penalty range for a Severity Level C violation
is $200 - $300 per violation.
(k) A Severity Level C violation is a violation with
no actual harm with potential for more than minimal harm.
(l) The penalty range for a Severity Level D violation
is $100 - $200 per violation.
(m) A Severity Level D violation is a violation with
no actual harm with potential for minimal harm.
Attached Graphic
(n) Proposal of administrative penalties. If HHSC assesses
an administrative penalty, HHSC provides a written notice of violation
letter to a center. The notice includes:
(1) a brief summary of the violation;
(2) the amount of the proposed penalty; and
(3) a statement of the center's right to a formal administrative
hearing on the occurrence of the violation, the amount of the penalty,
or both the occurrence of the violation and the amount of the penalty.
(o) A center may accept HHSC's determination and recommended
penalty not later than 20 days after the date on which the center
receives the notice of violation letter, including the proposed penalty,
or make a written request for a formal administrative hearing on the
occurrence of the violation, the amount of the penalty, or both.
(1) If a center that is notified of a violation accepts
HHSC's determination and recommended penalty or fails to respond to
the notice, the executive commissioner or designee issues an order
approving the determination and ordering that the center pay the proposed
penalty.
(2) If a center that is notified of a violation does
not accept HHSC's determination, the center must submit to HHSC a
written request for a formal administrative hearing on the determination
and must not pay the proposed penalty. Remittance of the penalty to
HHSC is deemed acceptance by the center of HHSC's determination, is
final, and waives the center's right to a formal administrative hearing.
(3) If a center requests a formal administrative hearing,
the hearing is held in accordance with THSC §248A.255.
|
| Source Note: The provisions of this §550.1408 adopted to be effective September 1, 2014, 39 TexReg 6569; amended to be effective October 28, 2018, 43 TexReg 7186; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875 |
