Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter H - ENFORCEMENT › Section 551.240 - Right to Correct

Current through Reg. 49, No. 28; July 12, 2024
(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).