reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 142.008 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.008. Branch Office

Sec. 142.008.  BRANCH OFFICE.  (a)  The department may issue a branch office license to a person who holds a license to provide home health or personal assistance services.(b)  The executive commissioner by rule shall establish eligibility requirements for a branch office license.(c)  A branch office license expires on the same date as the license to provide home health or personal assistance services held by the applicant for the branch office license.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 10, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0400, eff. April 2, 2015.|
TX Health & Safety Code § 142.0085 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.0085. Alternate Delivery Site License

Sec. 142.0085.  ALTERNATE DELIVERY SITE LICENSE.  (a)  The department shall issue an alternate delivery site license to a qualified hospice.(b)  The executive commissioner by rule shall establish standards required for the issuance of an alternate delivery site license.(c)  An alternate delivery site license expires on the same date as the license to provide hospice services held by the hospice.|Added by Acts 1993, 73rd Leg., ch. 800, Sec. 11, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0401, eff. April 2, 2015.|
TX Health & Safety Code § 142.0091 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.0091. Training

Sec. 142.0091.  TRAINING.  (a)  The department shall provide specialized training to representatives of the department who survey home and community support services agencies.  The training must include information relating to:(1)  the conduct of appropriate surveys that do not focus exclusively on medical standards under an acute care model;(2)  acceptable delegation of nursing tasks; and(3)  the provision of person-centered services.(b)  In developing and updating the training required by Subsection (a), the department shall consult with and include providers of home health, hospice, habilitation, and personal assistance services, recipients of those services and their family members, and representatives of appropriate advocacy organizations.(c)  The department at least semiannually shall provide joint training for home and community support services agencies and surveyors on subjects that address the 10 most common violations of federal or state law by home and community support services agencies.  The department may charge a home and community support services agency a fee, not to exceed $50 per person, for the training.|Added by Acts 1999, 76th Leg., ch. 276, Sec. 8, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 1.04, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 1.05, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 12, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 13, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 8, eff. September 1, 2015.|
TX Health & Safety Code § 142.0092 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.0092. Consumer Complaint Data

Sec. 142.0092.  CONSUMER COMPLAINT DATA.  (a)  The department shall maintain records or documents relating to complaints directed to the department by consumers of home health, hospice, habilitation, or personal assistance services.  The department shall organize the records or documents according to standard, statewide categories as determined by the department.  In determining appropriate categories, the department shall make distinctions based on factors useful to the public in assessing the quality of services provided by a home and community support services agency, including whether the complaint:(1)  was determined to be valid or invalid;(2)  involved significant physical harm or death to a patient;(3)  involved financial exploitation of a patient; or(4)  resulted in any sanction imposed against the agency.(b)  The department shall make the information maintained under this section available to the public in a useful format that does not identify individuals implicated in the complaints.|Added by Acts 1999, 76th Leg., ch. 276, Sec. 8, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 9, eff. September 1, 2015.|
TX Health & Safety Code § 142.0093 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.0093. Retaliation Prohibited

Sec. 142.0093.  RETALIATION PROHIBITED.  (a)  A person licensed under this chapter may not retaliate against another person for filing a complaint, presenting a grievance, or providing in good faith information relating to home health, hospice, habilitation, or personal assistance 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.|Added by Acts 1999, 76th Leg., ch. 276, Sec. 8, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 10, eff. September 1, 2015.|
TX Health & Safety Code § 142.0094 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.0094. Use of Regulatory Survey Reports and Other Documents

Sec. 142.0094.  USE OF REGULATORY SURVEY REPORTS AND OTHER DOCUMENTS.  (a)  Except as otherwise provided by this section, a survey report or other document prepared by the department that relates to regulation of a home and community support services agency is not admissible as evidence in a civil action to prove that the agency violated a standard prescribed under this chapter.(b)  Subsection (a) does not:(1)  bar the admission into evidence of department survey reports or other documents in an enforcement action in which the state or an agency or political subdivision of the state is a party, including:(A)  an action seeking injunctive relief under Section 142.013;(B)  an action seeking imposition of a civil penalty under Section 142.014;(C)  a contested case hearing involving imposition of an administrative penalty under Section 142.017;  and(D)  a contested case hearing involving denial, suspension, or revocation of a license issued under this chapter;(2)  bar the admission into evidence of department survey reports or other documents that are offered:(A)  to establish warning or notice to a home and community support services agency of a relevant department determination;  or(B)  under any rule or evidentiary predicate of the Texas Rules of Evidence;(3)  prohibit or limit the testimony of a department employee, in accordance with the Texas Rules of Evidence, as to observations, factual findings, conclusions, or determinations that a home and community support services agency violated a standard prescribed under this chapter if the observations, factual findings, conclusions, or determinations were made in the discharge of the employee's official duties for the department;  or(4)  prohibit or limit the use of department survey reports or other documents in depositions or other forms of discovery conducted in connection with a civil action if use of the survey reports or other documents appears reasonably calculated to lead to the discovery of admissible evidence.|Added by Acts 1999, 76th Leg., ch. 276, Sec. 8, eff. Sept. 1, 1999.|
TX Health & Safety Code § 142.0095 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.0095. Investigations of Home and Community Support Services Agencies Providing Hospice Services

Sec. 142.0095.  INVESTIGATIONS OF HOME AND COMMUNITY SUPPORT SERVICES AGENCIES PROVIDING HOSPICE SERVICES.  The commission or its authorized representative shall investigate an allegation of abuse, neglect, or exploitation of a client of any age of a home and community support services agency if:(1)  the abuse, neglect, or exploitation occurs when the client is receiving inpatient hospice services; and(2)  the alleged perpetrator of the abuse, neglect, or exploitation is an employee, volunteer, contractor, or subcontractor of the home and community support services agency.|Added by Acts 2019, 86th Leg., R.S., Ch. 878 (H.B. 3079), Sec. 1, eff. June 10, 2019.|
TX Health & Safety Code § 142.010 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.010. Fees

Sec. 142.010.  FEES.  (a)  The executive commissioner by rule shall set license fees for home and community support services agencies in amounts that are reasonable to meet the costs of administering this chapter, except that the fees may not be less than $600 or more than $2,625 for a license to provide home health, hospice, habilitation, or personal assistance services.(b)  The executive commissioner shall consider the size of the home and community support services agency, the number of clients served, the number of services provided, and the necessity for review of other accreditation documentation in determining the amount collected by the department for initial and renewal license fees.(c)  A fee charged under this section is nonrefundable.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 13, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1191, Sec. 5, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 7, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0403, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 11, eff. September 1, 2015.Acts 2019, 86th Leg., R.S., Ch. 1160 (H.B. 3193), Sec. 2, eff. September 1, 2019.|
TX Health & Safety Code § 142.0104 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.0104. Change in Application Information

Sec. 142.0104.  CHANGE IN APPLICATION INFORMATION.  (a)  If certain application information as specified by department rule changes after the applicant submits an application to the department for a license under this chapter or after the department issues the license, the license holder shall report the change to the department and pay a fee not to exceed $50 not later than the time specified by department rule.(b)  The executive commissioner by rule shall:(1)  specify the information provided in an application that a license holder shall report to the department if the information changes;(2)  prescribe the time for reporting a change in the application information required by Subdivision (1);(3)  establish which changes required to be reported under Subdivision (1) will require department evaluation and approval; and(4)  set the amount of a late fee to be assessed against a license holder who fails to report a change in the application information within the time prescribed under Subdivision (2).|Added by Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 1.06, eff. September 1, 2011.Added by Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 14, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0404, eff. April 2, 2015.|
TX Health & Safety Code § 142.0105 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.0105. License Renewal

Sec. 142.0105.  LICENSE RENEWAL.  (a)  A person who is otherwise eligible to renew a license may renew an unexpired license by submitting a completed application for renewal and paying the required renewal fee to the department not later than the 45th day before the expiration date of the license.  A person whose license has expired may not engage in activities that require a license.(b)  An applicant for a license renewal who submits an application later than the 45th day before the expiration date of the license is subject to a late fee in accordance with department rules.(c)   Not later than the 120th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department.  The written notice must include an application for license renewal and instructions for completing the application.|Added by Acts 1999, 76th Leg., ch. 887, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 8, eff. September 1, 2007.|
TX Health & Safety Code § 142.011 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.011. Denial, Suspension, or Revocation of License

Sec. 142.011.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.  (a)  The department may deny a license application or suspend or revoke the license of a person who:(1)  fails to comply with the rules or standards for licensing required by this chapter; or(2)  engages in conduct that violates Section 102.001, Occupations Code.(b)  The department may immediately suspend or revoke a license when the health and safety of persons are threatened.  If the department issues an order of immediate suspension or revocation, the department shall immediately give the chief executive officer of the home and community support services agency adequate notice of the action taken, the legal grounds for the action, and the procedure governing appeal of the action.  A person whose license is suspended or revoked under this subsection is entitled to a hearing not later than the seventh day after the effective date of the suspension or revocation.(c)  The department may suspend or revoke a home and community support services agency's license to provide certified home health services if the agency fails to maintain its certification qualifying the agency as a certified agency.  A home and community support services agency that is licensed to provide certified home health services and that submits a request for a hearing as provided by Subsection (d) is subject to the requirements of this chapter relating to a home and community support services agency that is licensed to provide home health services, but not certified home health services, until the suspension or revocation is finally determined by the department or, if the license is suspended or revoked, until the last day for seeking review of the department order or a later date fixed by order of the reviewing court.(d)  A person whose application is denied or whose license is suspended or revoked is entitled to a hearing if the person submits a written request to the commission.  Chapter 2001, Government Code, and the department's rules for contested case hearings apply to hearings conducted under this section and to appeals from department decisions.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 47, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 800, Sec. 14, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 276, Sec. 9, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 1.07, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 15, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0405, eff. April 2, 2015.|
TX Health & Safety Code § 142.012 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.012. Powers and Duties

Sec. 142.012.  POWERS AND DUTIES.  (a)  The executive commissioner shall adopt rules necessary to implement this chapter.  The executive commissioner may adopt rules governing the duties and responsibilities of home and community support services agency administrators, including rules regarding:(1)  an administrator's management of daily operations of the home and community support services agency;(2)  an administrator's responsibility for supervising the provision of quality care to agency clients;(3)  an administrator's implementation of agency policy and procedures; and(4)  an administrator's responsibility to be available to the agency at all times in person or by telephone.(b)  The executive commissioner by rule shall set minimum standards for home and community support services agencies licensed under this chapter that relate to:(1)  qualifications for professional and nonprofessional personnel, including volunteers;(2)  supervision of professional and nonprofessional personnel, including volunteers;(3)  the provision and coordination of treatment and services, including support and bereavement services, as appropriate;(4)  the management, ownership, and organizational structure, including lines of authority and delegation of responsibility and, as appropriate, the composition of an interdisciplinary team;(5)  clinical and business records;(6)  financial ability to carry out the functions as proposed;(7)  safety, fire prevention, and sanitary standards for residential units and inpatient units; and(8)  any other aspects of home health, hospice, habilitation, or personal assistance services as necessary to protect the public.(c)  The initial minimum standards adopted under Subsection (b) for hospice services must be at least as stringent as the conditions of participation for a Medicare certified provider of hospice services in effect on April 30, 1993, under Title XVIII, Social Security Act (42 U.S.C. Section 1395 et seq.).(d)  The department shall prescribe forms necessary to perform its duties.(e)  The department shall require each person or home and community support services agency providing home health, hospice, habilitation, or personal assistance services to implement and enforce the applicable provisions of Chapter 102, Human Resources Code.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 15, eff. Sept. 1, 1993.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 1.08, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 16, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 12, eff. September 1, 2015.|
TX Health & Safety Code § 142.013 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.013. Injunction

Sec. 142.013.  INJUNCTION.  (a)  A district court, on petition of the department and on a finding by the court that a person is violating this chapter, may by injunction:(1)  prohibit the person from continuing the violation;  or(2)  grant any other injunctive relief warranted by the facts.(b)  The attorney general shall institute and conduct a suit authorized by this section at the request of the department and in the name of the state.(c)  A suit for injunctive relief must be brought in Travis County.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 142.014 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.014. Civil Penalty

Sec. 142.014.  CIVIL PENALTY.  (a)  A person who engages in the business of providing home health, hospice, habilitation, or personal assistance service, or represents to the public that the person is a provider of home health, hospice, habilitation, and personal assistance services for pay, without a license issued under this chapter authorizing the services that are being provided is liable for a civil penalty of not less than $1,000 or more than $2,500 for each day of violation.  Penalties may be appropriated only to the department and to administer this chapter.(b)  An action to recover a civil penalty is in addition to an action brought for injunctive relief under Section 142.013 or any other remedy provided by law.  The attorney general shall bring suit on behalf of the state to collect the civil penalty.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 16, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 13, eff. September 1, 2015.|
TX Health & Safety Code § 142.0145 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle G - Licenses and Other Regulation|Chapter 142 - Home and Community Support Services|Subchapter A. Home and Community Support Services License|Section 142.0145. Violation of Law Relating to Advance Directives

Sec. 142.0145.  VIOLATION OF LAW RELATING TO ADVANCE DIRECTIVES.  (a)  The department shall assess an administrative penalty against a home and community support services agency that violates Section 166.004.(b)  A penalty assessed under this section shall be $500.(c)  The penalty shall be assessed in accordance with department rules.  The rules must provide for notice and an opportunity for a hearing.|Added by Acts 1999, 76th Leg., ch. 450, Sec. 2.02, eff. Sept. 1, 1999.|