Sec. 103.013. RIGHT TO CORRECT BEFORE IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The department may not collect an administrative penalty from a day activity and health services facility under Section 103.012 if, not later than the 45th day after the date the facility receives notice under Section 103.014(c), the facility corrects the violation.
(b) Subsection (a) does not apply to:
(1) a violation that the department determines:
(A) results in serious harm to or death of a person attending the facility;
(B) constitutes a serious threat to the health and safety of a person attending the facility; or
(C) substantially limits the facility's capacity to provide care;
(2) a violation described by Sections 103.012(a)(2)-(7); or
(3) a violation of Section 103.011.
(c) A day activity and health services facility that corrects a violation must maintain the correction. If the facility fails to maintain the correction until at least the first anniversary after the date the correction was made, the department may assess and collect an administrative penalty for the subsequent violation. An administrative penalty assessed under this subsection is equal to three times the amount of the original penalty assessed but not collected. The department is not required to provide the facility with an opportunity under this section to correct the subsequent violation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 4.01, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 33, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 16, eff. June 19, 2015.
Section: Previous 103.0041 103.005 103.006 103.007 103.0075 103.008 103.009 103.0091 103.0092 103.010 103.011 103.012 103.013 103.014 103.015 NextLast modified: September 28, 2016