Tex.
Health & Safety Code Section 242.0665
Right to Correct
(a)
The commission may not collect an administrative penalty against an institution under this subchapter if, not later than the 45th day after the date the institution receives notice under Section 242.067 (Report Recommending Administrative Penalty)(c), the institution corrects the violation.(b)
Subsection (a) does not apply:(1)
to a violation that the commission determines:(A)
represents a pattern of violation that results in actual harm;(B)
is widespread in scope and results in actual harm;(C)
is widespread in scope, constitutes a potential for actual harm, and relates to:(i)
residents’ rights;(ii)
treatment of residents;(iii)
resident behavior and institution practices;(iv)
quality of care;(v)
medication errors;(vi)
standard menus and nutritional adequacy;(vii)
physician visits;(viii)
infection control;(ix)
life safety from fire; or(x)
emergency preparedness and response;(D)
constitutes an immediate threat to the health or safety of a resident; or(E)
substantially limits the institution’s capacity to provide care;(2)
to a violation described by Sections 242.066 (Administrative Penalty)(a)(2)-(7);(3)
to a violation of Section 260A.014 (Retaliation Against Employees Prohibited) or 260A.015 (Retaliation Against Volunteers, Residents, or Family Members or Guardians of Residents);(4)
to a violation of a right of a resident adopted under Subchapter L; or(5)
to a second or subsequent violation of Section 326.002 (Written Policy Required) that occurs before the second anniversary of the date of the first violation.(c)
An institution that corrects a violation under Subsection (a) must maintain the correction. If the institution fails to maintain the correction until at least the first anniversary of the date the correction was made, the commission may assess an administrative penalty under this subchapter for the subsequent violation. A penalty assessed under this subsection shall be equal to three times the amount of the penalty assessed but not collected under Subsection (a). The commission is not required to provide the institution an opportunity to correct the subsequent violation under this section.(d)
In this section:(1)
“Actual harm” means a negative outcome that compromises a resident’s physical, mental, or emotional well-being.(2)
“Immediate threat to the health or safety of a resident” means a situation that causes, or is likely to cause, serious injury, harm, or impairment to or the death of a resident.(3)
“Pattern of violation” means repeated, but not pervasive, failures of an institution to comply with this chapter or a rule, standard, or order adopted under this chapter that:(A)
result in a violation; and(B)
are found throughout the services provided by the institution or that affect or involve the same residents or institution employees.(4)
“Widespread in scope” means a violation of this chapter or a rule, standard, or order adopted under this chapter that:(A)
is pervasive throughout the services provided by the institution; or(B)
represents a systemic failure by the institution that affects or has the potential to affect a large portion of or all of the residents of the institution.
Source:
Section 242.0665 — Right to Correct, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.242.htm#242.0665 (accessed Jun. 5, 2024).
