reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 241.0531 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter C. Enforcement|Section 241.0531. Commissioner's Emergency Orders

Sec. 241.0531.  COMMISSIONER'S EMERGENCY ORDERS.  (a)  Following notice to the hospital and opportunity for hearing, the commissioner or a person designated by the commissioner may issue an emergency order, either mandatory or prohibitory in nature, in relation to the operation of a hospital licensed under this chapter if the commissioner or the commissioner's designee determines that the hospital is violating or threatening to violate this chapter, a rule adopted pursuant to this chapter, a special license provision, injunctive relief issued pursuant to Section 241.054, an order of the commissioner or the commissioner's designee, or another enforcement procedure permitted under this chapter and the provision, rule, license provision, injunctive relief, order, or enforcement procedure relates to the health or safety of the hospital's patients.(b)  The department shall send written notice of the hearing and shall include within the notice the time and place of the hearing.  The hearing must be held within 10 days after the date of the hospital's receipt of the notice.(c)  The hearing shall not be governed by the contested case provisions of Chapter 2001, Government Code, but shall instead be held in accordance with the department's informal hearing rules.(d)  The order shall be effective on delivery to the hospital or at a later date specified in the order.|Added by Acts 1993, 73rd Leg., ch. 584, Sec. 10, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(51), eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0578, eff. April 2, 2015.|
TX Health & Safety Code § 241.054 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter C. Enforcement|Section 241.054. Violations; Injunctions

Sec. 241.054.  VIOLATIONS;  INJUNCTIONS.  (a)  The department shall:(1)  notify a hospital of a finding by the department that the hospital is violating or has violated this chapter or a rule or standard adopted under this chapter;  and(2)  provide the hospital an opportunity to correct the violation.(b)  After the notice and opportunity to comply, the commissioner may request the attorney general or the appropriate district or county attorney to institute and conduct a suit for a violation of this chapter or a rule adopted under this chapter.(c)  The department may petition a district court for a temporary restraining order to restrain a continuing violation if the department finds that the violation creates an immediate threat to the health and safety of the patients of a hospital.(d)  On his own initiative, the attorney general, a district attorney, or a county attorney may maintain an action in the name of the state for a violation of this chapter or a rule adopted under this chapter.(e)  The district court shall assess the civil penalty authorized by Section 241.055, grant injunctive relief, or both, as warranted by the facts.  The injunctive relief may include any prohibitory or mandatory injunction warranted by the facts, including a temporary restraining order, temporary injunction, or permanent injunction.(f)  The department and the party bringing the suit may recover reasonable expenses incurred in obtaining injunctive relief, civil penalties, or both, including investigation costs, court costs, reasonable attorney fees, witness fees, and deposition expenses.(g)  Venue may be maintained in Travis County or in the county in which the violation occurred.(h)  Not later than the seventh day before the date on which the attorney general intends to bring suit on his own initiative, the attorney general shall provide to the department notice of the suit.  The attorney general is not required to provide notice of a suit if the attorney general determines that waiting to bring suit until the notice is provided will create an immediate threat to the health and safety of a patient.  This section does not create a requirement that the attorney general obtain the permission of a referral from the department before filing suit.(i)  The injunctive relief and civil penalty authorized by this section and Section 241.055 are in addition to any other civil, administrative, or criminal penalty provided by law.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 705, Sec. 3.02, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0579, eff. April 2, 2015.|
TX Health & Safety Code § 241.055 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter C. Enforcement|Section 241.055. Civil Penalty

Sec. 241.055.  CIVIL PENALTY.  (a)  A hospital shall timely adopt, implement, and enforce a patient transfer policy in accordance with Section 241.027.  A hospital may implement patient transfer agreements in accordance with Section 241.028.(b)  A hospital that violates Subsection (a), another provision of this chapter, or a rule adopted or enforced under this chapter is liable for a civil penalty of not more than $1,000 for each day of violation and for each act of violation.  A hospital that violates this chapter or a rule or order adopted under this chapter relating to the provision of mental health, chemical dependency, or rehabilitation services is liable for a civil penalty of not more than $25,000 for each day of violation and for each act of violation.(c)  In determining the amount of the penalty, the district court shall consider:(1)  the hospital's previous violations;(2)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;(3)  whether the health and safety of the public was threatened by the violation;  (4)  the demonstrated good faith of the hospital;  and(5)  the amount necessary to deter future violations.(d)  A penalty collected under this section by the attorney general shall be deposited to the credit of the general revenue fund.  A penalty collected under this section by a district or county attorney shall be deposited to the credit of the general fund of the county in which the suit was heard.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 86, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 584, Sec. 11, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 705, Sec. 3.03, eff. Sept. 1, 1993.|
TX Health & Safety Code § 241.0555 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter C. Enforcement|Section 241.0555. Additional Requirements: Potentially Preventable Adverse Events

Sec. 241.0555.  ADDITIONAL REQUIREMENTS: POTENTIALLY PREVENTABLE ADVERSE EVENTS.  (a)  If the department finds that a hospital has committed a violation that resulted in a potentially preventable adverse event reportable under Chapter 98, the department shall require the hospital to develop and implement a plan for approval by the department to address the deficiencies that may have contributed to the preventable adverse event.(b)  The department may require the plan under this section to include:(1)  staff training and education;(2)  supervision requirements for certain staff;(3)  increased staffing requirements;(4)  increased reporting to the department; and(5)  a review and amendment of hospital policies relating to patient safety.(c)  The department shall carefully and frequently monitor the hospital's adherence to the plan under this section and enforce compliance.|Added by Acts 2015, 84th Leg., R.S., Ch. 183 (S.B. 373), Sec. 2, eff. September 1, 2015.|
TX Health & Safety Code § 241.056 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter C. Enforcement|Section 241.056. Suit by Person Harmed

Sec. 241.056.  SUIT BY PERSON HARMED.  (a)  A person who is harmed by a violation under Section 241.028 or 241.055 may petition a district court for appropriate injunctive relief.(b)  Venue for a suit brought under this section is in the county in which the person resides or, if the person is not a resident of this state, in Travis County.(c)  The person may also pursue remedies for civil damages under common law.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 87, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 584, Sec. 12, eff. Sept. 1, 1993.|
TX Health & Safety Code § 241.057 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter C. Enforcement|Section 241.057. Criminal Penalty

Sec. 241.057.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person establishes, conducts, manages, or operates a hospital without a license.(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $100 for the first offense and not more than $200 for each subsequent offense.(c)  Each day of a continuing violation constitutes a separate offense.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 241.058 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter C. Enforcement|Section 241.058. Minor Violations

Sec. 241.058.  MINOR VIOLATIONS.  (a)  This chapter does not require the commissioner or a designee of the commissioner to report a minor violation for prosecution or the institution of any other enforcement proceeding authorized under this chapter, if the commissioner or designee determines that prosecution or enforcement is not in the best interests of the persons served or to be served by the hospital.(b)  For the purpose of this section, a "minor violation" means a violation of this chapter, the rules adopted under this chapter, a special license provision, an order or emergency order issued by the commissioner or the commissioner's designee, or another enforcement procedure permitted under this chapter by a hospital that does not constitute a threat to the health, safety, and rights of the hospital's patients or other persons.|Added by Acts 1993, 73rd Leg., ch. 584, Sec. 13, eff. Sept. 1,1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0580, eff. April 2, 2015.|
TX Health & Safety Code § 241.0585 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter C. Enforcement|Section 241.0585. Recovery of Costs

Sec. 241.0585.  RECOVERY OF COSTS.  If the attorney general brings an action to enforce an administrative penalty assessed under Section 241.058 and the court orders the payment of the penalty, the attorney general may recover reasonable expenses incurred in the investigation, initiation, or prosecution of the enforcement suit, including investigative costs, court costs, reasonable attorney fees, witness fees, and deposition expenses.|Added by Acts 1993, 73rd Leg., ch. 705, Sec. 3.041, eff. Sept. 1, 1993.|
TX Health & Safety Code § 241.102 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter E. Staff, Records, and Plan Reviews|Section 241.102. Authorizations and Restrictions in Relation to Physicians and Podiatrists

Sec. 241.102.  AUTHORIZATIONS AND RESTRICTIONS IN RELATION TO PHYSICIANS AND PODIATRISTS.  (a)  This chapter does not authorize a physician or podiatrist to perform medical or podiatric acts that are beyond the scope of the respective license held.(b)  This chapter does not prevent the governing body of a hospital from providing that:(1)  a podiatric patient be coadmitted to the hospital by a podiatrist and a physician; (2)  a physician be responsible for the care of any medical problem or condition of a podiatric patient that may exist at the time of admission or that may arise during hospitalization and that is beyond the scope of the podiatrist's license;  or(3)  a physician determine the risk and effect of a proposed podiatric surgical procedure on the total health status of the patient.(c)  An applicant for medical staff membership may not be denied membership solely on the ground that the applicant is a podiatrist rather than a physician.(d)  This chapter does not automatically entitle a physician or a podiatrist to membership or privileges on a medical staff.(e)  The governing body of a hospital may not require a member of the medical staff to involuntarily:(1)  coadmit patients with a podiatrist; (2)  be responsible for the care of any medical problem or condition of a podiatric patient;  or(3)  determine the risk and effect of any proposed podiatric procedure on the total health status of the patient.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 241.103 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter E. Staff, Records, and Plan Reviews|Section 241.103. Preservation of Records

Sec. 241.103.  PRESERVATION OF RECORDS.  (a)  A hospital may authorize the disposal of any medical record on or after the 10th anniversary of the date on which the patient who is the subject of the record was last treated in the hospital.(b)  If a patient was younger than 18 years of age when the patient was last treated, the hospital may authorize the disposal of medical records relating to the patient on or after the date of the patient's 20th birthday or on or after the 10th anniversary of the date on which the patient was last treated, whichever date is later.(c)  The hospital may not destroy medical records that relate to any matter that is involved in litigation if the hospital knows the litigation has not been finally resolved.(d)  A hospital shall provide written notice to a patient, or a patient's legally authorized representative as that term is defined by Section 241.151, that the hospital, unless the exception in Subsection (c) applies, may authorize the disposal of medical records relating to the patient on or after the periods specified in this section.  The notice shall be provided to the patient or the patient's legally authorized representative not later than the date on which the patient who is or will be the subject of a medical record is treated, except in an emergency treatment situation.  In an emergency treatment situation, the notice shall be provided to the patient or the patient's legally authorized representative as soon as is reasonably practicable following the emergency treatment situation.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 466 (H.B. 118), Sec. 1, eff. September 1, 2011.|
TX Health & Safety Code § 241.1031 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter E. Staff, Records, and Plan Reviews|Section 241.1031. Preservation of Record From Forensic Medical Examination

Sec. 241.1031.  PRESERVATION OF RECORD FROM FORENSIC MEDICAL EXAMINATION.  (a)  A hospital may not destroy a medical record from the forensic medical examination of a sexual assault victim conducted under Subchapter F or G, Chapter 56A, Code of Criminal Procedure, until the 20th anniversary of the date the record was created.(b)  A hospital may maintain a medical record described by Subsection (a) in the same form in which the hospital maintains other medical records.|Added by Acts 2019, 86th Leg., R.S., Ch. 357 (H.B. 531), Sec. 1, eff. September 1, 2019.Amended by: Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 10.003, eff. September 1, 2021.|
TX Health & Safety Code § 241.104 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter E. Staff, Records, and Plan Reviews|Section 241.104. Hospital Plan Reviews

Sec. 241.104.  HOSPITAL PLAN REVIEWS.  (a)  The executive commissioner by rule shall adopt fees for hospital plan reviews according to a schedule based on the estimated construction costs.(b)  The fee schedule may not exceed the following:Cost of ConstructionFee(1)  $ 100,000 or less $ 500(2)  $ 100,001 - $ 600,000$1,500(3)  $ 600,001 - $ 2,000,000$3,000(4)  $ 2,000,001 - $ 5,000,000$4,500(5)  $ 5,000,001 - $10,000,000$6,000(6)  $ 10,000,001 and over$7,500(c)  The department shall charge a fee for field surveys of construction plans reviewed under this section.  The executive commissioner by rule shall adopt a fee schedule for the surveys that provides a minimum fee of $500 and a maximum fee of $1,000 for each survey conducted.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 584, Sec. 15, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 1411, Sec. 2.03, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0584, eff. April 2, 2015.|
TX Health & Safety Code § 241.121 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter F. Medical Rehabilitation Services|Section 241.121. Definition

Sec. 241.121.  DEFINITION.  In this subchapter, "comprehensive medical rehabilitation" means the provision of rehabilitation services that are designed to improve or minimize a person's physical or cognitive disabilities, maximize a person's functional ability, or restore a person's lost functional capacity through close coordination of services, communication, interaction, and integration among several professions that share the responsibility to achieve team treatment goals for the person.|Added by Acts 1993, 73rd Leg., ch. 707, Sec. 1, eff. Sept. 1, 1993.|
TX Health & Safety Code § 241.122 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter F. Medical Rehabilitation Services|Section 241.122. License Required

Sec. 241.122.  LICENSE REQUIRED.  Unless a person has a license issued under this chapter, a person other than an individual may not provide inpatient comprehensive medical rehabilitation to a patient who requires medical services that are provided under the supervision of a physician and that are more intensive than nursing facility care and minor treatment.|Added by Acts 1993, 73rd Leg., ch. 707, Sec. 1, eff. Sept. 1, 1993.|
TX Health & Safety Code § 241.151 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter G. Disclosure of Health Care Information|Section 241.151. Definitions

Sec. 241.151.  DEFINITIONS.  In this subchapter:(1)  "Directory information" means information disclosing the presence of a person who is receiving inpatient, outpatient, or emergency services from a licensed hospital, the nature of the person's injury, the person's municipality of residence, sex, and age, and the general health status of the person as described in terms of "critical," "poor," "fair," "good," "excellent," or similar terms.(2)  "Health care information" means information, including payment information, recorded in any form or medium that identifies a patient and relates to the history, diagnosis, treatment, or prognosis of a patient.(3)  "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession.(4)  "Institutional review board" means a board, committee, or other group formally designated by an institution or authorized under federal or state law to review or approve the initiation of or conduct periodic review of research programs to ensure the protection of the rights and welfare of human research subjects.(5)  "Legally authorized representative" means:(A)  a parent or legal guardian if the patient is a minor;(B)  a legal guardian if the patient has been adjudicated incapacitated to manage the patient's personal affairs;(C)  an agent of the patient authorized under a medical power of attorney;(D)  an attorney ad litem appointed for the patient;(E)  a person authorized to consent to medical treatment on behalf of the patient under Chapter 313;(F)  a guardian ad litem appointed for the patient;(G)  a personal representative or heir of the patient, as defined by Chapter 22, Estates Code, if the patient is deceased;(H)  an attorney retained by the patient or by the patient's legally authorized representative; or(I)  a person exercising a power granted to the person in the person's capacity as an attorney-in-fact or agent of the patient by a statutory durable power of attorney that is signed by the patient as principal.|Added by Acts 1995, 74th Leg., ch. 856, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 498, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 1138 (H.B. 2765), Sec. 1, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 1003 (H.B. 4029), Sec. 1, eff. September 1, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0586, eff. April 2, 2015.|
TX Health & Safety Code § 241.152 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter G. Disclosure of Health Care Information|Section 241.152. Written Authorization for Disclosure of Health Care Information

Sec. 241.152.  WRITTEN AUTHORIZATION FOR DISCLOSURE OF HEALTH CARE INFORMATION.  (a)  Except as authorized by Section 241.153, a hospital or an agent or employee of a hospital may not disclose health care information about a patient to any person other than the patient or the patient's legally authorized representative without the written authorization of the patient or the patient's legally authorized representative.(b)  A disclosure authorization to a hospital is valid only if it:(1)  is in writing;(2)  is dated and signed by the patient or the patient's legally authorized representative;(3)  identifies the information to be disclosed;(4)  identifies the person or entity to whom the information is to be disclosed;  and(5)  is not contained in the same document that contains the consent to medical treatment obtained from the patient.(c)  A disclosure authorization is valid until the 180th day after the date it is signed unless it provides otherwise or unless it is revoked.(d)  Except as provided by Subsection (e), a patient or the patient's legally authorized representative may revoke a disclosure authorization to a hospital at any time.  A revocation is valid only if it is in writing, dated with a date that is later than the date on the original authorization, and signed by the patient or the patient's legally authorized representative.(e)  A patient or the patient's legally authorized representative may not revoke a disclosure that is required for purposes of making payment to the hospital for health care provided to the patient.(f)  A patient may not maintain an action against a hospital for a disclosure made by the hospital in good-faith reliance on an authorization if the hospital's medical record department did not have notice that the authorization was revoked.(g)  Repealed by Acts 1997, 75th Leg., ch. 498, Sec. 5, eff. Sept. 1, 1997.|Added by Acts 1995, 74th Leg., ch. 856, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 498, Sec. 2, 5, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 271, Sec. 1, eff. Sept. 1, 1999.|