(a) Before imposing a score reduction, the executive director will consider the following factors:   (1) the seriousness and willfulness of the act or omission;   (2) whether the provider has committed similar acts or omissions and, if so, when those acts or omissions were committed;   (3) whether the provider, or a third party on behalf of the provider, has fully compensated the department for any damages suffered by the department as a result of the provider's acts or omissions; and   (4) any mitigating factors. (b) For the purposes of subsection (a)(4) of this section, mitigating factors are:   (1) the provider's adoption and enforcement of an internal ethics and compliance program that satisfies the requirements of §10.51 of this chapter (relating to Internal Ethics and Compliance Program);   (2) the provider's cooperation with the department in the investigation of ethical violations, including the provision of a full and complete account of the provider's involvement; and   (3) the provider's disassociation from individuals and firms that have been involved in the ethical violation.

Source Note: The provisions of this §10.154 adopted to be effective January 6, 2011, 35 TexReg 11951