Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 261 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS (ICF/IID) PROGRAM-CONTRACTING
Subchapter G - PROVIDER AGREEMENT SANCTIONS
Section 261.267 - Directed Plan of Correction and Vendor Hold Based on State Survey Agency Findings
Current through Reg. 49, No. 38; September 20, 2024
(a) The department will send written notice to the program provider of its intent to impose a DPoC, a vendor hold, or both in accordance with § 261.266 of this chapter (relating to Department Review of State Survey Agency Findings).
(b) Within 10 days after receipt of a notice of intent to impose a DPoC sent in accordance with subsection (a) of this section, a program provider may submit written recommendations to the department regarding the content of the DPoC.
(c) The department will send the final DPoC to the program provider within 30 days after the date of the notice sent in accordance with subsection (a) of this section.
(d) The department will monitor a program provider to determine if the program provider has implemented or completed the DPoC. Such monitoring may include reviews of documentation and on-site facility visits.
(e) If a facility is the subject of a DPoC and the facility fails to implement the DPoC, the department may impose a vendor hold on payments due under the provider agreement for that facility.
(f) The department will release a vendor hold imposed in accordance with subsection (e) of this section if the department determines that the program provider has implemented the DPoC.
(g) The department will release a vendor hold imposed in accordance with § 261.266 of this chapter if the state survey agency determines that the program provider meets the SoPs, CoPs, or state rules that caused the vendor hold. Prior to such a determination, the department may release such a vendor hold if the state survey agency determines that circumstances of immediate jeopardy identified by the state survey agency have been removed.
