Texas Health and Safety Code
§ 242.071 — AMELIORATION OF VIOLATION
HS § 242.071Title 4. HEALTH FACILITIES · Part B. LICENSING OF HEALTH FACILITIES · Ch. 242. CONVALESCENT AND NURSING FACILITIES AND RELATED INSTITUTIONS · Art. C. GENERAL ENFORCEMENT
Statute text
View on source(a)In lieu of demanding payment of an administrative penalty assessed under Section 242.066, the department may, in accordance with this section, allow the person to use, under the supervision of the department, any portion of the penalty to ameliorate the violation or to improve services, other than administrative services, in the institution affected by the violation.
(b)The department shall offer amelioration to a person for a charged violation if the department determines that the violation does not constitute immediate jeopardy to the health and safety of an institution resident.
(c)The department may not offer amelioration to a person if:
(1)the person has been charged with a violation which is subject to correction under Section 242.0665; or
(2)the department determines that the charged violation constitutes immediate jeopardy to the health and safety of an institution resident.
(d)The department shall offer amelioration to a person under this section not later than the 10th day after the date the person receives from the department a final notification of assessment of administrative penalty that is sent to the person after an informal dispute resolution process but before an administrative hearing under Section 242.068.
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Legislative history
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0621, eff. April 2, 2015.