Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 371 - MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITY
Subchapter G - ADMINISTRATIVE ACTIONS AND SANCTIONS
Division 3 - ADMINISTRATIVE ACTIONS AND SANCTIONS
Section 371.1715 - Damages and Penalties
Current through Reg. 49, No. 38; September 20, 2024
(a) The OIG may assess administrative penalties otherwise authorized by law on behalf of the commission or a health and human services agency.
(b) Any administrative penalties or damages assessed for violations related to health care items or services that are authorized or provided under federal law, including claims submitted by persons for payment under the Medicaid program, are determined as provided in Texas Human Resources Code, § RSA 32.039. The OIG will also follow the procedures for imposing penalties or damages in Texas Human Resources Code, § RSA 32.039, which include opportunities for a person subject to potential penalties or damages to have an informal review and an appeal, and apply the factors in accordance with § RSA 371.1603 of this subchapter (relating to Legal Basis and Scope).
(c) This rule shall not be construed to deny any person potentially subject to an administrative sanction imposed by the OIG, including administrative damages or penalties, the right to introduce mitigating evidence in a contested case proceeding. This rule also shall not be construed to deny the OIG the right to introduce any evidence supporting any of the factors described in § RSA 371.1603 of this subchapter (relating to Legal Basis and Scope) in a contested case proceeding in which the agency seeks to impose an administrative sanction, including administrative damages or penalties, upon a person.
(d) Due process.
