Texas Human Resources Code - Section 32.0215. Home Or Community Care Providers: Civil Monetary Penalties
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Texas Laws > Human Resources Code > Texas Human Resources Code - Section 32.0215. Home Or Community Care Providers: Civil Monetary Penalties
Section: 32.001 32.002 32.003 32.021 32.0211 32.0212 32.0213 32.0215 32.022 32.023 32.0231 32.024 32.0241 32.0242 32.0243
§ 32.0215. HOME OR COMMUNITY CARE PROVIDERS: CIVIL
MONETARY PENALTIES. (a) The department may include in a contract
for the delivery of medical assistance by a home or community care
provider a provision for monetary penalties to be assessed for a
contract violation or any violation of home or community care
requirements, as required by 42 U.S.C. Section 1396t(j).
(b) The department shall develop rules governing the
application of civil money penalties, including rules prescribing:
(1) criteria that describe when and how a civil money
penalty may be assessed and the amount of the penalty;
(2) a system to ensure standard and consistent
application of the penalties throughout the state; and
(3) an administrative appeals process to adjudicate
claims in contested cases in accordance with Chapter 2001,
(c) Rules adopted under this section must be designed to
minimize the time between the identification of a violation and the
final imposition of a penalty. Rules adopted under this section may
authorize the imposition of a penalty that assesses and collects a
monetary penalty, with interest, for a minimum penalty period and
on a subsequent per diem basis.
(d) A penalty must be appropriate to the violation. The
department may assess incrementally more severe penalties for
repeated or uncorrected violations.
(e) The department shall review a penalized provider within
10 working days after the provider notifies the department that the
deficiency that caused the imposition of the penalty has been
corrected. If the department is unable to review the provider
within that 10-working-day period, the penalty ceases on the
earlier of the last day of the minimum penalty period or the date
the provider gives notice to the department.
(f) Money collected as a result of the imposition of
penalties may be used for the protection of the health or property
of an individual whose personal property was lost due to a failure
of a home or community care provider to meet the requirements for
participation as a provider of home or community care.
Added by Acts 1993, 73rd Leg., ch. 132, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept.
Last modified: August 11, 2007