Texas Human Resources Code

§ 161.089 — ADMINISTRATIVE PENALTIES

HR § 161.089Title 11. AGING, COMMUNITY-BASED, AND LONG-TERM CARE SERVICES · Ch. 161. DEPARTMENT OF AGING AND DISABILITY SERVICES · Art. D. POWERS AND DUTIES OF DEPARTMENT

Statute text

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(a)This section applies to the following waiver programs established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c)), and administered by the commission to serve persons with an intellectual or developmental disability:

(1)the home and community-based services (HCS) waiver program; and

(2)the Texas home living (TxHmL) waiver program.

(b)The commission may assess and collect an administrative penalty against a provider who participates in a program to which this section applies for a violation of a law or rule relating to the program. If the commission assesses an administrative penalty against a provider for a violation of a law or rule, the commission may not impose a payment hold against or otherwise withhold contract payments from the provider for the same violation of a law or rule.

(c)After consulting with appropriate stakeholders, the executive commissioner shall develop and adopt rules regarding the imposition of administrative penalties under this section. The rules must:

(1)specify the types of violations that warrant imposition of an administrative penalty;

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Legislative history

Acts 2021, 87th Leg., R.S., Ch. 906 (H.B. 3720), Sec. 4, eff. September 1, 2021.