Sec. 247.0452. RIGHT TO CORRECT. (a) The department may not collect an administrative penalty from an assisted living facility under Section 247.0451 if, not later than the 45th day after the date the facility receives notice under Section 247.0453(c), the facility corrects the violation.
(b) Subsection (a) does not apply:
(1) to a violation that the department determines results in serious harm to or death of a resident;
(2) to a violation described by Sections 247.0451(a)(2)-(7) or a violation of Section 260A.014 or 260A.015;
(3) to a second or subsequent violation of:
(A) a right of the same resident under Section 247.064; or
(B) the same right of all residents under Section 247.064; or
(4) to a violation described by Section 247.066, which contains its own right to correct provisions.
(c) An assisted living facility that corrects a violation must maintain the correction. If the facility fails to maintain the correction until at least the first anniversary of 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 2001, 77th Leg., ch. 1248, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 17, eff. September 1, 2007.
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(k), eff. September 28, 2011.
Section: Previous 247.032 247.041 247.042 247.043 247.044 247.045 247.0451 247.0452 247.0453 247.0454 247.0455 247.0456 247.0457 247.0458 247.0459 NextLast modified: September 28, 2016