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Texas Statutes (Last Updated: January 4, 2014) |
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HUMAN RESOURCES CODE |
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Title 6. SERVICES FOR THE ELDERLY |
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Chapter 103. ADULT DAY CARE |
Sec. 103.013. RIGHT TO CORRECT BEFORE IMPOSITION OF ADMINISTRATIVE PENALTY
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(a) The department may not collect an administrative penalty from an adult day-care facility under Section 103.012 if, not later than the 45th day after the date the facility receives notice under Section 103.014(c), the facility corrects the violation.
(b) Subsection (a) does not apply to:
(1) a violation that the department determines:
(A) results in serious harm to or death of a person attending the facility;
(B) constitutes a serious threat to the health and safety of a person attending the facility; or
(C) substantially limits the facility's capacity to provide care;
(2) a violation described by Sections 103.012(a)(2)-(7); or
(3) a violation of Section 103.011.
(c) An adult day-care facility that corrects a violation must maintain the correction. If the facility fails to maintain the correction until at least the first anniversary after 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.