reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 247.050 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter C. General Enforcement|Section 247.050. Monitoring of Unlicensed Facilities; Reporting

Sec. 247.050.  MONITORING OF UNLICENSED FACILITIES;  REPORTING.  (a)  The executive commissioner shall adopt procedures to monitor the status of unlicensed assisted living facilities.  As part of these procedures, the department shall:(1)  maintain a registry of all reported unlicensed assisted living facilities for the purpose of periodic follow-up by the field staff in each region; and(2)  prepare a quarterly report that shows the number of:(A)  complaints relating to unlicensed assisted living facilities that are received;(B)  complaints that are investigated;(C)  unsubstantiated complaints;(D)  substantiated complaints; and(E)  cases referred to the attorney general.(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 990, Sec. 10(5), eff. June 17, 2011.(c)  The department shall file a copy of the quarterly reports required by this section with the substantive committees of each house of the legislature with jurisdiction over regulation of assisted living facilities.(d)  The department shall permanently retain at least one copy or one electronic source of information pertaining to complaints and investigations of unlicensed assisted living facilities used to maintain a registry as required under Subsection (a)(1) and used to prepare a report under Subsection (a)(2).|Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 974 (S.B. 344), Sec. 5, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.09, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.18, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 990 (H.B. 1781), Sec. 8, eff. June 17, 2011.Acts 2011, 82nd Leg., R.S., Ch. 990 (H.B. 1781), Sec. 10(5), eff. June 17, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0719, eff. April 2, 2015.|
TX Health & Safety Code § 247.061 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter D. Miscellaneous Provisions|Section 247.061. Coordination Between Agencies

Sec. 247.061.  COORDINATION BETWEEN AGENCIES.  (a)  The executive commissioner and the attorney general shall adopt by rule a memorandum of understanding that:(1)  defines the department's and the attorney general's responsibilities concerning assisted living facilities;(2)  outlines and coordinates procedures to be used by those agencies in responding to complaints concerning assisted living facilities; and(3)  provides a plan for correcting violations or deficiencies in assisted living facilities.(b)  The department shall prepare the initial draft of the memorandum of understanding and shall facilitate and ensure its adoption.|Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.095, eff. Sept. 1, 1995.  Renumbered from Sec. 247.062 and amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0721, eff. April 2, 2015.|
TX Health & Safety Code § 247.062 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter D. Miscellaneous Provisions|Section 247.062. Directory of Assisted Living Facilities; Consumers' Guide

Sec. 247.062.  DIRECTORY OF ASSISTED LIVING FACILITIES;  CONSUMERS' GUIDE.  (a)  The department shall prepare a directory of assisted living facilities that includes the name of the owner, the address and telephone number of the facility, the number of beds in the facility, and the facility's accessibility to persons with disabilities.(b)  The department shall revise the directory annually and shall make it available to the public.(c)  The department shall prepare a consumers' guide to assisted living facilities and make it available to the public.  The consumers' guide shall provide information on licensing requirements for assisted living facilities, a brief description of minimum standards for facilities, a copy of the residents' bill of rights, a copy of the providers' bill of rights, and any other information that the department determines may be useful to the public.|Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Renumbered from 247.063 and amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0722, eff. April 2, 2015.|
TX Health & Safety Code § 247.063 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter D. Miscellaneous Provisions|Section 247.063. Referrals

Sec. 247.063.  REFERRALS.  (a)  If the Department of State Health Services, the department, a local mental health authority, or a local intellectual and developmental disability authority refers a patient or client to an assisted living facility, the referral may not be made to a facility that is not licensed under this chapter.(b)  If the Department of State Health Services or a local mental health or intellectual and developmental disability authority gains knowledge of an assisted living facility that is not operated or licensed by the department or the authority and that has four or more residents who are unrelated to the proprietor of the facility, the Department of State Health Services or the authority shall report the name, address, and telephone number of the facility to the department.|Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.096, eff. Sept. 1, 1995.  Renumbered from Sec. 247.064 and amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0723, eff. April 2, 2015.|
TX Health & Safety Code § 247.0631 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter D. Miscellaneous Provisions|Section 247.0631. Access

Sec. 247.0631.  ACCESS.  An employee of the Department of State Health Services or an employee of a local mental health or intellectual and developmental disability authority may enter an assisted living facility as necessary to provide services to a resident of the facility.|Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0724, eff. April 2, 2015.|
TX Health & Safety Code § 247.064 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter D. Miscellaneous Provisions|Section 247.064. Residents' Bill of Rights

Sec. 247.064.  RESIDENTS' BILL OF RIGHTS.  (a)  Each assisted living facility shall post a residents' bill of rights in a prominent place in the facility.(b)  The residents' bill of rights must provide that each resident in the assisted living facility has the right to:(1)  manage the resident's financial affairs;(2)  determine the resident's dress, hair style, or other personal effects according to individual preference, except that the resident has the responsibility to maintain personal hygiene;(3)  retain and use personal property in the resident's immediate living quarters and to have an individual locked cabinet in which to keep personal property;(4)  receive and send unopened mail;(5)  unaccompanied access to a telephone at a reasonable hour or in case of an emergency or personal crisis;(6)  privacy;(7)  unrestricted communication, including personal visitation with any person of the resident's choice, at any reasonable hour, including family members and representatives of advocacy groups and community service organizations;(8)  make contacts with the community and to achieve the highest level of independence, autonomy, and interaction with the community of which the resident is capable;(9)  present grievances on behalf of the resident or others to the operator, state agencies, or other persons without threat of reprisal in any manner;(10)  a safe and decent living environment and considerate and respectful care that recognizes the dignity and individuality of the resident;(11)  refuse to perform services for the facility, except as contracted for by the resident and operator;(12)  practice the religion of the resident's choice;(13)  leave the facility temporarily or permanently, subject to contractual or financial obligations;  and(14)  not be deprived of any constitutional, civil, or legal right solely by reason of residence in an assisted living facility.(c)  The residents' bill of rights must be written in the primary language of each resident of the facility and must also provide the toll-free telephone number of the department for reporting abuse or neglect.(d)  The rights provided under this section do not take precedence over health and safety rights of other residents of the facility.(e)  The department shall develop a residents' bill of rights in accordance with this section and provide a copy to each facility.  The copy shall be written in the primary language of each resident of the facility.|Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 247.065 and amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.|
TX Health & Safety Code § 247.065 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter D. Miscellaneous Provisions|Section 247.065. Providers' Bill of Rights

Sec. 247.065.  PROVIDERS' BILL OF RIGHTS.  (a)  Each assisted living facility shall post a providers' bill of rights in a prominent place in the facility.(b)  The providers' bill of rights must provide that a provider of personal care services has the right to:(1)  be shown consideration and respect that recognizes the dignity and individuality of the provider and assisted living facility;(2)  terminate a resident's contract for just cause after a written 30-day notice;(3)  terminate a contract immediately, after notice to the department, if the provider finds that a resident creates a serious or immediate threat to the health, safety, or welfare of other residents of the assisted living facility;(4)  present grievances, file complaints, or provide information to state agencies or other persons without threat of reprisal or retaliation;(5)  refuse to perform services for the resident or the resident's family other than those contracted for by the resident and the provider;(6)  contract with the community to achieve the highest level of independence, autonomy, interaction, and services to residents;(7)  access to patient information concerning a client referred to the facility, which must remain confidential as provided by law;(8)  refuse a person referred to the facility if the referral is inappropriate;(9)  maintain an environment free of weapons and drugs;  and(10)  be made aware of a resident's problems, including self-abuse, violent behavior, alcoholism, or drug abuse.|Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 247.066 and amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.|
TX Health & Safety Code § 247.067 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter D. Miscellaneous Provisions|Section 247.067. Health Care Professionals

Sec. 247.067.  HEALTH CARE PROFESSIONALS.  (a)  In this section, "health care professional" means an individual licensed, certified, or otherwise authorized to administer health care, for profit or otherwise, in the ordinary course of business or professional practice.  The term includes a physician, registered nurse, licensed vocational nurse, licensed dietitian, physical therapist, and occupational therapist.(b)  Unless otherwise prohibited by law, a health care professional may be employed by an assisted living facility to provide at the facility to the facility's residents services that are authorized by this chapter and that are within the professional's scope of practice.  This subsection does not authorize a facility to provide ongoing services comparable to the services available in an institution licensed under Chapter 242.  A health care professional providing services under this subsection shall maintain medical records of those services in accordance with the licensing, certification, or other regulatory standards applicable to the health care professional under law.(c)  A resident of an assisted living facility has the right to contract with a home and community support services agency licensed under Chapter 142 or with an independent health professional for health care services.|Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.08(c), eff. September 28, 2011.|
TX Health & Safety Code § 247.068 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter D. Miscellaneous Provisions|Section 247.068. Retaliation Prohibited

Sec. 247.068.  RETALIATION PROHIBITED.  (a)  A person licensed under this chapter may not retaliate against a person for filing a complaint, presenting a grievance, or providing in good faith information relating to personal care services provided by the license holder.(b)  This section does not prohibit a license holder from terminating an employee for a reason other than retaliation.(c)  A department employee may not retaliate against an assisted living facility, an employee of an assisted living facility, or a person in control of an assisted living facility for:(1)  complaining about the conduct of a department employee;(2)  disagreeing with a department employee about the existence of a violation of this chapter or a rule adopted under this chapter; or(3)  asserting a right under state or federal law.|Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 305 (H.B. 2109), Sec. 2, eff. June 17, 2011.|
TX Health & Safety Code § 247.069 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter D. Miscellaneous Provisions|Section 247.069. Consumer Choice for Assisted Living in Community Care Programs

Sec. 247.069.  CONSUMER CHOICE FOR ASSISTED LIVING IN COMMUNITY CARE PROGRAMS.  The community based alternatives program and the residential care programs, which provide an assisted living option to consumers, shall provide a consumer the opportunity to choose an assisted living facility that meets the department's licensing standards relating to facility construction without regard to the number of units in the facility, if  consumers are advised of all other community care options.|Added by Acts 2005, 79th Leg., Ch. 870 (S.B. 1055), Sec. 2, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 18, eff. September 1, 2007.|
TX Health & Safety Code § 247.070 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter D. Miscellaneous Provisions|Section 247.070. Guardianship Orders

Sec. 247.070.  GUARDIANSHIP ORDERS.  An assisted living facility 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 assisted living facility 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. 2, eff. September 1, 2015.|
TX Health & Safety Code § 247.071 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter D. Miscellaneous Provisions|Section 247.071. Local Approval of Assisted Living Facility

Sec. 247.071.  LOCAL APPROVAL OF ASSISTED LIVING FACILITY.  (a)  In this section, "governmental unit" means a municipality, county, or other political subdivision of the state that has the authority to adopt a building code or fire code.(b)  A governmental unit that adopts a building code or fire code governs the interpretation and enforcement of that building code or fire code. (c)  The commission may not issue a citation for a violation of a building code or fire code adopted by a governmental unit to an assisted living facility that presents evidence of the governmental unit's determination that the assisted living facility is compliant with the code.  If the commission cites an assisted living facility for a building code or fire code violation and the assisted living facility subsequently provides the evidence described by this subsection, the commission shall rescind the citation.(d)  Subsection (c) does not restrict the authority of the commission to issue a citation to an assisted living facility for a violation of any National Fire Protection Association codes or standards adopted under this chapter. |Added by Acts 2017, 85th Leg., R.S., Ch. 66 (S.B. 1049), Sec. 3, eff. September 1, 2017.|
TX Health & Safety Code § 247.072 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter D. Miscellaneous Provisions|Section 247.072. Applicants for Employment; Criminal History Check

Sec. 247.072.  APPLICANTS FOR EMPLOYMENT; CRIMINAL HISTORY CHECK.  (a)  In addition to the prohibitions provided by Section 250.003, an assisted living facility licensed under this chapter may not employ at the facility an applicant who fails to indicate in a written statement developed by the commission and included with the submitted application that the applicant has not been convicted of an offense described by Section 250.006.  For purposes of this subsection, a person who commits an offense in another state that is substantially similar to an offense described by Section 250.006 is considered to have committed the offense described by that section.(b)  If an applicant for employment at an assisted living facility states in the application that the applicant resided in another state during the five years preceding the date of the application, the facility, before employing the applicant in a permanent position, shall conduct a name-based criminal history check in each state in which the applicant previously resided.(c)  The commission shall develop the statement described by Subsection (a) and make the statement available to assisted living facilities on the commission's Internet website.(d)  If an assisted living facility employs a person pending an out-of-state criminal history check under Subsection (b), the facility shall ensure the person has no direct contact with a resident until the facility obtains the person's criminal history record information and verifies the person is not barred from employment under Section 250.006.|Added by Acts 2021, 87th Leg., R.S., Ch. 363 (S.B. 271), Sec. 1, eff. September 1, 2021.|
TX Health & Safety Code § 247.081 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.081. Scope of Subchapter

Sec. 247.081.  SCOPE OF SUBCHAPTER.  This subchapter applies to any dispute between a facility licensed under this chapter and the department relating to:(1)  renewal of a license under Section 247.023;(2)  suspension, revocation, or denial of a license under Section 247.041;(3)  assessment of a civil penalty under Section 247.045; or(4)  assessment of an administrative penalty under Section 247.0451.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 247.082 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 247 - Assisted Living Facilities|Subchapter E. Arbitration|Section 247.082. Election of Arbitration

Sec. 247.082.  ELECTION OF ARBITRATION.  (a)  Except as provided by Subsection (d), an affected facility may elect binding arbitration of any dispute to which this subchapter applies.  Arbitration under this subchapter is an alternative to a contested case hearing or to a judicial proceeding relating to the assessment of a civil penalty.(b)  An affected facility may elect arbitration under this subchapter by filing the election with the court in which the lawsuit is pending and sending notice of the election to the department and the office of the attorney general.  The election must be filed not later than the 10th day after the date on which the answer is due or the date on which the answer is filed, whichever is earlier. If a civil penalty is requested after the initial filing of a Section 242.094 action through the filing of an amended or supplemental pleading, an affected facility must elect arbitration not later than the 10th day after the date on which the amended or supplemental pleading is served on the affected facility or the facility's counsel.(c)  The department may elect arbitration under this subchapter by filing the election with the court in which the lawsuit is pending and by notifying the facility of the election not later than the date on which the facility may elect arbitration under Subsection (b).(d)  Arbitration may not be used to resolve a dispute related to an affected facility that has had an arbitration award levied against it in the previous five years.(e)  If arbitration is not permitted under this subchapter or the election of arbitration is not timely filed:(1)  the court shall dismiss the arbitration election and retain jurisdiction of the lawsuit; and(2)  the State Office of Administrative Hearings shall dismiss the arbitration and does not have jurisdiction over the lawsuit.(f)  An election to engage in arbitration under this subchapter is irrevocable and binding on the facility and the department.|Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.|