By Jerri Lynn Ward, J.D., Garlo Ward, P.C.
Posted June 14, 2002
Following an amendment to regulation 19.2115, nursing facilities and Intermediate Care Facilities for Persons with Mental Retardation may ameliorate violations or improve services, excluding administrative services, using part or all of the money collected on the administrative penalty.
Qualifications for Amelioration
DHS will offer amelioration to a person for a violation if:
- DHS determines that the violation does not constitute immediate jeopardy to the health and safety of an institution resident.
Disqualifications for Amelioration
DHS will not offer amelioration to a person if:
- The person has been charged with a violation that is subject to the right-to-correct, or
- DHS determines that the violation constitutes immediate jeopardy to the health and safety of a resident
- They have already been awarded amelioration three times in a two-year period; or
- They have already been awarded amelioration in the previous two-year period for the same or similar violation.
Timeline for Requesting Amelioration
- DHS will offer amelioration to a person not later than the 10th day after the date the person receives from DHS 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.
- A person to whom amelioration has been offered must file a plan for amelioration not later than the 45th day after the date the person receives the offer of amelioration from DHS.
What the Amelioration Plan Must Contain
- Proposed changes to the management or operation of the facility that will improve services to or quality of care of residents,
- Identification, through measurable outcomes, of the ways in which and the extent to which the proposed changes will improve services to or quality of care of residents,
- Establishment of clear goals to be achieved through the proposed changes,
- Establishment of a timeline for implementing the proposed changes, and
- Identification of specific actions necessary to implement the proposed changes.
DHS will approve or deny an amelioration plan not later than the 45th day after the date DHS receives the plan. On approval of a person’s plan, DHS will deny a pending request for a hearing submitted by the person.
Benefits of Amelioration
Money that would be paid to the State can be used to improve the quality of care in the facility.
Risks of Amelioration
- By submitting an amelioration plan, one waives the right to an administrative hearing if DHS approves the plan.
- Therefore, the history of the facility will be impacted.
- DHS may require that an amelioration plan propose changes that would result in conditions that exceed the minimum requirements for facility licensure.
All information in this article is informational only and is not legal advice. Should you have any questions or a situation requiring advice, please contact an attorney.
Copyright 2004 by Garlo Ward, P.C., all rights reserved
Austin, Texas 78752-3714 USA
Telephone: 512-302-1103
Facsimilie: 512-302-3256
Email: Info@Garloward.com
