Amelioration of Administrative Penalties
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Clearpol's Opinion of this Guidance
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Clearpol's AI Summary
The Texas Health and Human Services Commission has issued a new provider letter (PL 2022-24) regarding the amelioration of administrative penalties for assisted living facilities (ALFs), intermediate care facilities for individuals with intellectual disabilities or related conditions (ICF/IIDs), and nursing facilities (NFs). The letter replaces PL 13-18 and updates the Texas Administrative Code (TAC) rule references, adds more examples of allowable spending items, and includes a link to the new 3708 NF, ALF, and ICF/IID Amelioration Request form. The letter clarifies that once an immediate threat (IT) state licensure violation is removed or lowered to a non-IT level, the violation may be eligible for amelioration. Facilities must submit an amelioration plan within 45 days of receiving a notice of administrative penalty using Form 3708. The plan should propose changes that exceed minimum licensure requirements and improve the quality of care and quality of life of residents.
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