reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 242.016 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter A. General Provisions|Section 242.016. Fees and Penalties

Sec. 242.016.  FEES AND PENALTIES.  Except as expressly provided by this chapter, a fee or penalty collected by or on behalf of the department under this chapter must be deposited to the credit of the general revenue fund and may be appropriated only to the department to administer and enforce this chapter.  Investigation and attorney's fees may not be assessed or collected by or on behalf of the department or other state agency unless the department or other state agency assesses and collects a penalty described under this chapter.|Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.05, eff. Sept. 1, 1997.|
TX Health & Safety Code § 242.017 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter A. General Provisions|Section 242.017. Admissibility of Certain Evidence in Civil Actions

Sec. 242.017.  ADMISSIBILITY OF CERTAIN EVIDENCE IN CIVIL ACTIONS.  (a)  The following are not admissible as evidence in a civil action:(1)  any finding by the department that an institution has violated this chapter or a rule adopted under this chapter;  or(2)  the fact of the assessment of a penalty against an institution under this chapter or the payment of the penalty by an institution.(b)  This section does not apply in an enforcement action in which the state or an agency or political subdivision of the state is a party.(c)  Notwithstanding any other provision of this section, evidence described by Subsection (a) is admissible as evidence in a civil action only if:(1)  the evidence relates to a material violation of this chapter or a rule adopted under this chapter or assessment of a monetary penalty with respect to:(A)  the particular incident and the particular individual whose personal injury is the basis of the claim being brought in the civil action;  or(B)  a finding by the department that directly involves substantially similar conduct that occurred at the institution within a period of one year before the particular incident that is the basis of the claim being brought in the civil action;  and(2)  the evidence of a material violation has been affirmed by the entry of a final adjudicated and unappealable order of the department after formal appeal;  and(3)  the record is otherwise admissible under the Texas Rules of Evidence.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 16.02, eff. Sept. 1, 2003.|
TX Health & Safety Code § 242.018 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter A. General Provisions|Section 242.018. Compliance With Chapter 260a

Sec. 242.018.  COMPLIANCE WITH CHAPTER 260A.  (a)  An institution shall comply with Chapter 260A and the rules adopted under that chapter.(b)  A person, including an owner or employee of an institution, shall comply with Chapter 260A and the rules adopted under that chapter.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(e), eff. September 28, 2011.|
TX Health & Safety Code § 242.019 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter A. General Provisions|Section 242.019. Guardianship Orders

Sec. 242.019.  GUARDIANSHIP ORDERS.  An institution shall make a reasonable effort to request a copy of any court order appointing a guardian of a resident or a resident's estate from the resident's nearest relative or the person responsible for the resident's support. An institution that receives a copy of a court order appointing a guardian of a resident or a resident's estate shall maintain a copy of the court order in the resident's medical records.|Added by Acts 2015, 84th Leg., R.S., Ch. 724 (H.B. 1337), Sec. 1, eff. September 1, 2015.|
TX Health & Safety Code § 242.020 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter A. General Provisions|Section 242.020. Civil Liability Related to Misappropriation of Resident's Funds

Sec. 242.020.  CIVIL LIABILITY RELATED TO MISAPPROPRIATION OF RESIDENT'S FUNDS.  (a)  In this section:(1)  "Misappropriate" means the taking, secretion, misapplication, deprivation, transfer, or attempted transfer to any person not entitled to receive any real or personal property or anything of value belonging to or under the legal control of a resident without the effective consent of the resident or other appropriate legal authority.(2)  "Responsible payor" means a person who:(A)  has legal access to the resident's income or resources available to pay for nursing facility care; and(B)  has signed an admission agreement or other contract with the facility in which the person agrees to provide payment for the resident's facility care from the resident's income or resources.(b)  A nursing facility may file an action against a resident's responsible payor for an amount owed by the resident to the facility if:(1)  before admission of the resident, the facility obtains financial information from the resident or responsible payor demonstrating the amount of financial resources that the resident has available to pay for nursing facility care; and(2)  after the resident begins to reside at the facility, the responsible payor misappropriates the resident's resources to a degree that the resident is unable to afford to pay for the resident's care.(c)  A nursing facility may file an action for injunctive relief against a resident's responsible payor who engages in conduct described by Subsection (b).  The court may grant any appropriate injunctive relief to prevent or abate the conduct, including a temporary restraining order, temporary injunction, or permanent injunction.(d)  Subject to Subsection (e), the prevailing party in an action filed under this section may recover attorney's fees.(e)  In an action filed under this section, a nursing facility may not recover a total amount, including damages and attorney's fees, that exceeds the amount the responsible payor has misappropriated from the resident.|Added by Acts 2021, 87th Leg., R.S., Ch. 2 (S.B. 270), Sec. 1, eff. September 1, 2021.|
TX Health & Safety Code § 242.031 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.031. License Required

Sec. 242.031.  LICENSE REQUIRED.  A person or governmental unit, acting severally or jointly with any other person or governmental unit, may not establish, conduct, or maintain an institution in this state without a license issued under this chapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 242.033 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.033. Issuance and Renewal of License

Sec. 242.033.  ISSUANCE AND RENEWAL OF LICENSE.  (a)  After receiving an application for a license, the department shall issue the license if, after inspection and investigation, it finds that the applicant or license holder, and any other person described by Section 242.032(d), meet the requirements established under each provision of this chapter and any rule or standard adopted under this chapter.(b)  The department may issue a license only for:(1)  the premises and persons or governmental unit named in the application;  and(2)  the maximum number of beds specified in the application.(c)  A license may not be transferred or assigned.(d)  Except as provided by Subsection (f), a license is renewable every three years after:(1)  an inspection, unless an inspection is not required as provided by Section 242.047;(2)  payment of the license fee; and(3)  department approval of the report filed every three years by the licensee.(e)  The report required for license renewal under Subsection (d)(3) must comply with department rules that specify the date of submission of the report, the information it must contain, and its form.(f)  The initial license issued to a license holder who has not previously held a license under this subchapter is a probationary license.  A probationary license is valid for only one year.  At the end of the one-year period, a license under Subsection (a) shall be issued but only after:(1)  the department finds that the license holder and any other person described by Section 242.032(d) continue to meet the requirements established under each provision of this chapter and any rule or standard adopted under this chapter;(2)  an inspection, unless an inspection is not required as provided by Section 242.047;(3)  payment of the license fee;  and(4)  department approval of the report required for license renewal that complies with rules adopted under Subsection (e).(g)  The executive commissioner by rule shall adopt a system under which an appropriate number of licenses issued by the department under this chapter expire on staggered dates occurring in each three-year period.  If the expiration date of a license changes as a result of this subsection, the department shall prorate the licensing fee relating to that license as appropriate.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 815, Sec. 1(a), eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1159, Sec. 1.07, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 512, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(a), eff. September 28, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0596, eff. April 2, 2015.|
TX Health & Safety Code § 242.0335 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.0335. Expedited Issuance of Change of Ownership License to Certain Current License Holders

Sec. 242.0335.  EXPEDITED ISSUANCE OF CHANGE OF OWNERSHIP LICENSE TO CERTAIN CURRENT LICENSE HOLDERS.  (a)  The department shall maintain, and keep current, a list of license holders that operate an institution in this state and that have excellent operating records according to the information available to the department.  The executive commissioner by rule shall establish specific criteria for the department to designate a license holder as eligible for the list.(b)  The department shall establish a procedure under which a listed license holder may be granted expedited approval in obtaining a change of ownership license to operate another existing institution in this state.  The procedure may involve allowing a listed license holder to submit an affidavit demonstrating that the license holder continues to meet the criteria for being listed and continues to meet the requirements described by Subsection (c).(c)  An applicant for a change of ownership license must meet all applicable requirements that an applicant for renewal of a license must meet under this subchapter, including under Section 242.032(d), and under rules adopted under this subchapter.  Any requirement relating to inspections or to an accreditation review applies only to institutions operated by the license holder at the time the application is made for the change of ownership license.(d)  Subsection (c) applies only to a license holder designated as eligible for and placed on the list maintained under Subsection (a).|Added by Acts 2001, 77th Leg., ch. 731, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2001, 77th Leg., ch. 1284, Sec. 7.05, eff. June 15, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0597, eff. April 2, 2015.|
TX Health & Safety Code § 242.034 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.034. License Fees

Sec. 242.034.  LICENSE FEES.  (a)  The executive commissioner may establish by rule license fees for institutions licensed by the department under this chapter.  The license fee may not exceed $375 plus:(1)  $15 for each unit of capacity or bed space for which a license is sought; and(2)  a background examination fee imposed under Subsection (d).(b)  The license fee for a probationary license issued under Section 242.033(f) may not exceed $125 plus:(1)  $5 for each unit of capacity or bed space for which the license is sought;  and(2)  a background examination fee imposed under Subsection (d).(c)  An additional license fee may be charged as provided by Section 242.097.(d)  The executive commissioner by rule may establish a background examination fee in an amount necessary to defray the department's expenses in administering its duties under Sections 242.032(d) and (e).(e)  The applicable license fee must be paid with each application for a probationary license, an initial license, a renewal license, or a change of ownership license.(f)  The state is not required to pay the license fee.(g)  An approved increase in bed space is subject to an additional fee.(h)  The license fees established under this chapter are an allowable cost for reimbursement under the medical assistance program administered by the commission under Chapter 32, Human Resources Code.  Any fee increases shall be reflected in reimbursement rates prospectively.(i)  An applicant for license renewal who submits an application later than the 45th day before the expiration date of a current license is subject to a late fee in accordance with department rules.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 815, Sec. 1(b), eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1159, Sec. 1.08, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 512, Sec. 2, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 11, eff. September 1, 2007.Acts 2013, 83rd Leg., R.S., Ch. 1063 (H.B. 3196), Sec. 1, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0599, eff. April 2, 2015.|
TX Health & Safety Code § 242.035 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.035. Licensing Categories

Sec. 242.035.  LICENSING CATEGORIES.  (a)  The department shall determine the rank of licensing categories.(b)  Unless prohibited by another state or federal requirement, the department shall allow a licensed institution to operate a portion of the institution under the standards of a lower licensing category.  The executive commissioner shall establish procedures and standards to accommodate an institution's operation under the lower category.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0600, eff. April 2, 2015.|
TX Health & Safety Code § 242.036 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.036. Grading

Sec. 242.036.  GRADING.  (a)  The executive commissioner may adopt and publish and the department may enforce minimum standards relating to the grading of an institution in order to recognize those institutions that provide more than the minimum level of services and personnel as established by the executive commissioner.(b)  An institution that has a superior grade shall prominently display the grade for public view.(c)  As an incentive to attain the superior grade, an institution may advertise its grade, except that it may not advertise a superior grade that has been canceled.(d)  The department may not award a superior grade to an institution that, during the year preceding the grading inspection, violated state or federal law, rules, or regulations relating to:(1)  the health, safety, or welfare of its residents; (2)  resident funds; (3)  the confidentiality of a resident's records; (4)  the financial practices of the institution;  or(5)  the control of medication in the institution.(e)  The department shall cancel an institution's superior grade if the institution:(1)  does not meet the criteria established for a superior grade;  or(2)  violates a state or federal law, rule, or regulation described by Subsection (d).|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0601, eff. April 2, 2015.|
TX Health & Safety Code § 242.0371 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.0371. Notice of Certain Employment Policies

Sec. 242.0371.  NOTICE OF CERTAIN EMPLOYMENT POLICIES.  (a)  An institution licensed under this chapter shall prepare a written statement describing the institution's policy for:(1)  the drug testing of employees who have direct contact with residents;  and(2)  the conducting of criminal history record checks of employees and applicants for employment in accordance with Chapter 250.(b)  The institution shall provide the statement to:(1)  each person applying for services from the institution or the person's next of kin or guardian;  and(2)  any person requesting the information.|Added by Acts 1999, 76th Leg., ch. 1020, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1025, Sec. 1, eff. Sept. 1, 2001.|
TX Health & Safety Code § 242.0373 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.0373. Restraint and Seclusion

Sec. 242.0373.  RESTRAINT AND SECLUSION.  A person providing services to a resident of an institution shall comply with Chapter 322 and the rules adopted under that chapter.|Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), Sec. 2, eff. September 1, 2005.|
TX Health & Safety Code § 242.038 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.038. Reasonable Time to Comply

Sec. 242.038.  REASONABLE TIME TO COMPLY.  The executive commissioner by rule shall give an institution that is in operation when a rule or standard is adopted under this chapter a reasonable time to comply with the rule or standard.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0603, eff. April 2, 2015.|
TX Health & Safety Code § 242.0385 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter B. Licensing, Fees, and Inspections|Section 242.0385. Early Compliance Review

Sec. 242.0385.  EARLY COMPLIANCE REVIEW.  (a)  The executive commissioner by rule shall adopt a procedure under which a person proposing to construct or modify an institution may submit building plans to the department for review for compliance with the department's architectural requirements before beginning construction or modification.  In adopting the procedure, the executive commissioner shall set reasonable deadlines by which the department must complete review of submitted plans.(b)  The department shall, within 30 days, review plans submitted under this section for compliance with the department's architectural requirements and inform the person in writing of the results of the review.  If the plans comply with the department's architectural requirements, the department may not subsequently change the architectural requirements applicable to the project unless:(1)  the change is required by federal law;  or(2)  the person fails to complete the project within a reasonable time.(c)  The department may charge a reasonable fee for conducting a review under this section.(d)  A fee collected under this section shall be deposited in the general revenue fund.(e)  The review procedure provided by this section does not include review of building plans for compliance with the Texas Accessibility Standards as administered and enforced.|Added by Acts 2001, 77th Leg., ch. 339, Sec. 2, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0604, eff. April 2, 2015.|