Sec. 242.070. APPLICATION OF OTHER LAW. (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. (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) a penalty imposed by the Centers for Medicare and Medicaid Services under 42 C.F.R. Section 488.408 against the facility; or (2) a penalty the facility appeals under 42 C.F.R. Part 498 before the facility exhausts all rights of appeal if: (A) the federal requirement is the same or substantially similar to a requirement in this chapter or Chapter 32 , Human Resources Code; and (B) Subdivision (1) does not apply.
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