SECTION 554.2114. Right To Correct

(a) HHSC may not collect an administrative penalty if, not later than the 45th day after the date the facility receives notice, the facility corrects the violation.

(b) If the facility reports to HHSC that the violation has been corrected, HHSC inspects the facility for the correction 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.

(c) The facility must request a hearing on the violation no later than the 20th day after the date on which the notice is sent.

(d) Subsection (a) of this section does not apply to:

(1) a violation that HHSC determines:

(A) represents a pattern of violation that results in actual harm;

(B) is widespread in scope and results in actual harm;

(C) is widespread in scope, constitutes a potential for actual harm, and relates to:

(i) treatment of residents as described in §19.602 of this chapter (relating to Incidents of Abuse and Neglect Reportable to the Texas Department of Aging and Disability Services (DADS) and Law Enforcement Agencies by Facilities);

(ii) resident behavior and institution practices as described in §19.601 of this chapter (relating to Resident Behavior and Facility Practice);

(iii) quality of care as described in §19.901 of this chapter (relating to Quality of Care);

(iv) medication errors as described in §19.901(13) of this chapter;

(v) standard menus and nutritional adequacy as described in §19.1107 of this chapter (relating to Menus and Nutritional Adequacy);

(vi) physician visits as described in §19.1201 (relating to Physician Services), §19.1202 (relating to Physician Visits), §19.1203 (relating to Frequency of Physician Visits), §19.1204 (relating to Availability of Physician for Emergency Care), §19.1205 (relating to Physician Delegation of Tasks), §19.1206 (relating to Physician Signatures) and §19.1207 (relating to Prescription of Psychoactive Medication) of this chapter;

(vii) infection control as described in §19.1601 of this chapter (relating to Infection Control);

(viii) life safety from fire as described in §19.101(69) and (70) (relating to Definitions); or

(ix) emergency preparedness and response as described in §19.1914 of this chapter (relating to Emergency Preparedness and Response);

(D) constitutes an immediate threat to the health or safety of a resident; or

(E) substantially limits the facility's capacity to provide care;

(2) the violations listed in §19.214(a)(2)-(6) of this chapter (relating to Criteria for Denying a License or Renewal of a License);

(3) the violation of a resident right;

(4) a violation listed in §19.2112(a)(8) or (9) of this chapter (relating to Administrative Penalties); or

(5) to a second or subsequent violation of §19.1920(e) of this chapter (relating to Operating Policies and Procedures) or §19.1929(2) of this chapter (relating to Staff Development).

(e) A facility that corrects a violation under subsection (a) of this section must maintain the correction. If the facility fails to maintain the correction until the first anniversary of the date the correction was made, HHSC may assess an administrative penalty equal to three times the amount of the original penalty assessed, but not collected. HHSC does not provide a facility an opportunity to correct the subsequent violation.

Source Note: The provisions of this §554.2114 adopted to be effective March 1, 1998, 23 TexReg 1314; amended to be effective April 5, 2018, 43 TexReg 2017; amended to be effective October 28, 2018, 43 TexReg 7189; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871