The Texas Health and Human Services Commission would not have to provide assisted living communities with the opportunity to correct certain violations before penalizing them under a bill being considered by the Texas Senate.

Currently, assisted living communities do not have to pay administrative penalties if they correct violations within 45 days of being informed of them by the commission. S.B. 932, however, would exempt serious violations from the “right to correct.”

Violations that result in actual harm to residents, that indicate pervasive or systemic issues, that potentially could affect numerous or all residents, or that represent an immediate threat to the health and safety of a resident would be exempt from the provision.

Categories into which such violations could fall, according to the bill, include resident assessment; staffing, including staff training; resident policies, including residents ‘ rights; administration of medication; activities; infection control; restraints; and emergency preparedness and response.

Similar restrictions would apply to nursing homes.