Texas Human Resources Code

§ 32.0215 — HOME OR COMMUNITY CARE PROVIDERS: CIVIL MONETARY PENALTIES

HR § 32.0215Title 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · Part C. ASSISTANCE PROGRAMS · Ch. 32. MEDICAL ASSISTANCE PROGRAM · Art. B. ADMINISTRATIVE PROVISIONS

Statute text

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(a)The commission 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 executive commissioner shall adopt 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, Government Code.

(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.

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.078, eff. April 2, 2015.