Sec. 327.007. MATERIAL VIOLATION; CORRECTIVE ACTION PLAN. (a) A facility materially violates this chapter if the facility fails to:
(1) comply with the requirements of Section 327.002; or
(2) publicize the facility's standard charges in the form and manner required by Sections 327.003 and 327.004.
(b) If the commission determines that a facility has materially violated this chapter, the commission may issue a notice of material violation to the facility and request that the facility submit a corrective action plan. The notice must indicate the form and manner in which the corrective action plan must be submitted to the commission, and clearly state the date by which the facility must submit the plan.
(c) A facility that receives a notice under Subsection (b) must:
(1) submit a corrective action plan in the form and manner, and by the specified date, prescribed by the notice of violation; and
(2) as soon as practicable after submission of a corrective action plan to the commission, act to comply with the plan.
(d) A corrective action plan submitted to the commission must:
(1) describe in detail the corrective action the facility will take to address any violation identified by the commission in the notice provided under Subsection (b); and
(2) provide a date by which the facility will complete the corrective action described by Subdivision (1).
(e) A corrective action plan is subject to review and approval by the commission. After the commission reviews and approves a facility's corrective action plan, the commission may monitor and evaluate the facility's compliance with the plan.
(f) A facility is considered to have failed to respond to the commission's request to submit a corrective action plan if the facility fails to submit a corrective action plan:
(1) in the form and manner specified in the notice provided under Subsection (b); or
(2) by the date specified in the notice provided under Subsection (b).
(g) A facility is considered to have failed to comply with a corrective action plan if the facility fails to address a violation within the specified period of time contained in the plan.
Added by Acts 2021, 87th Leg., R.S., Ch. 1044 (S.B. 1137), Sec. 1, eff. September 1, 2021.