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 551.236 - Administrative Penalties
Current through Reg. 50, No. 13; March 28, 2025
(a) The Texas Health and Human Services Commission (HHSC) may assess an administrative penalty against a license holder if the license holder:
(b) In determining if a violation described in subsection (a)(1) of this section warrants an administrative penalty, HHSC considers:
(c) HHSC does not assess an administrative penalty against a license holder because of a physician's or consultant's nonperformance beyond the license holder's control or if documentation clearly indicates the violation is beyond the license holder's control.
(d) An administrative penalty assessed in accordance with subsection (a)(1) of this section begins on the first date HHSC establishes that the violation that caused the penalty to be assessed exists.
(e) An administrative penalty assessed in accordance with subsection (a)(1) of this section ceases on the date the violation is corrected. A violation is corrected if the license holder:
(f) An administrative penalty assessed in accordance with subsection (a)(1) of this section is determined based on the scope and severity of the violation, in accordance with the figures in this section.
(g) An administrative penalty assessed in accordance with subsection (a)(2) - (8) of this section is in the following amount:
(h) Administrative penalties will be imposed on a per diem basis.
(i) The total amount of penalties assessed under this subsection for an on-site regulatory visit or complaint investigation, regardless of the duration of any ongoing violations, may not exceed:
(j) If HHSC determines that a violation has occurred and that an administrative penalty is proposed, HHSC notifies the license holder of the proposal to assess an administrative penalty. The notification includes:
(k) A license holder that is notified in accordance with subsection (j) of this section may file a request for a hearing with HHSC. To receive a hearing, a license holder must request a hearing in accordance with 1 TAC § 357.484(relating to Request for a Hearing) except, as provided by Texas Health and Safety Code § 252.066 (relating to Notice; Request for Hearing), the license holder must make a written request for a hearing within 20 calendar days after the date on which the license holder receives written notice of the administrative penalty. A hearing requested under this section is governed by 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act).