(a) DADS will assess a financial penalty against a facility that: (1) fails to timely file the monthly facility report required under § 11.4 of this chapter (relating to Required Reports);(2) files a false, erroneous, or fraudulent monthly facility report that DADS concludes resulted in the assessment of a quality assurance fee that is less than the facility should have been assessed; or(3) fails to timely pay a quality assurance fee assessed under § 11.5 of this chapter (relating to Payment and Collection of Quality Assurance Fee).(b) A penalty assessed under this section is an amount equal to one-fourth the amount of the quality assurance fee for each month the quality assurance fee is late, not reported or unpaid.(c) DADS will notify a facility in writing of the assessment of a penalty under this section and the amount of the penalty.(d) DADS may make a referral to an appropriate authority in cases where it makes a good faith determination that a facility has: (1) committed fraud in the submission of information to DADS;(2) willfully submitted erroneous information to DADS; or(3) violated a requirement of its license or Medicaid certification.(e) DADS may suspend payments to a facility that fails to pay or report the quality assurance fee.(f) The assessment of a penalty under this section does not relieve a facility from: (1) providing services to residents in accordance with its obligations under contract or the law;(2) paying additional quality assurance fees that may be assessed to the facility; or(3) otherwise complying with licensure and certification requirements.26 Tex. Admin. Code § 283.13
Transferred from 40 TAC § 11.7 Texas Register, Volume 49, Number 42, October 18, 2024, TexReg 8476 eff. 11/15/2024