Section 551.240 - Right to Correct(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).(c) HHSC may not assess an administrative penalty for a minor violation that HHSC gave the facility time to correct if the facility corrects the violation not later than the 46th day after the facility receives notice of the violation.(d) If the facility reports to HHSC that the violation has been corrected, HHSC inspects the facility or takes any other steps necessary to confirm that the violation has been corrected and notifies the facility that:(1) the correction is satisfactory and a penalty is not assessed; or(2) the correction is not satisfactory and a penalty is recommended.(e) If the facility wishes to appeal the administrative penalty, the facility must file a notice to request a hearing on the violation or penalty no later than the 20th calendar day after the date on which the facility received the notice to pay an administrative penalty.26 Tex. Admin. Code § 551.240
The provisions of this §551.240 adopted to be effective May 1, 2000, 25 TexReg 3557; amended to be effective January 15, 2009, 34 TexReg 238; amended to be effective October 28, 2018, 43 TexReg 7191; Transferred from Title 40, Chapter 90 by Texas Register, Volume 44, Number 15, April 12, 2019, TexReg 1883, eff. 5/1/2019; Amended by Texas Register, Volume 47, Number 07, February 18, 2022, TexReg 0790, eff. 2/24/2022