1. (a) The commission may not assess more than one monetary penalty under this chapter and Chapter 32, Human Resources Code, for a violation arising out of the same act or failure to act, except as provided by Section 242.0665(c). The commission may assess the greater of a monetary penalty under this chapter or a monetary penalty under Chapter 32, Human Resources Code, for the same act or failure to act.

2. (b) The commission may not impose an administrative penalty under this chapter and Chapter 32, Human Resources Code, against a nursing facility for a violation arising out of the same act or failure to act that is the subject of:

   1. (1) a penalty imposed by the Centers for Medicare and Medicaid Services under 42 C.F.R. Section 488.408 against the facility; or

   2. (2) a penalty the facility appeals under 42 C.F.R. Part 498 before the facility exhausts all rights of appeal if:

      1. (A) the federal requirement is the same or substantially similar to a requirement in this chapter or Chapter 32, Human Resources Code; and
      2. (B) Subdivision (1) does not apply.

Added by Acts 1995, 74th Leg., ch. 1049, Sec. 4, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.18, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 198, Sec. 2.60(a), eff. Sept. 1, 2003.

Acts 2025, 89th Leg., R.S., Ch. 195 (S.B. 2269), Sec. 3, eff. September 1, 2025.