reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 311.044 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 311 - Powers and Duties of Hospitals|Subchapter D. Community Benefits and Charity Care|Section 311.044. Community Benefits Planning by Nonprofit Hospitals

Sec. 311.044.  COMMUNITY BENEFITS PLANNING BY NONPROFIT HOSPITALS.  (a)  A nonprofit hospital shall develop:(1)  an organizational mission statement that identifies the hospital's commitment to serving the health care needs of the community;  and(2)  a community benefits plan defined as an operational plan for serving the community's health care needs that sets out goals and objectives for providing community benefits that include charity care and government-sponsored indigent health care, as the terms community benefits, charity care, and government-sponsored indigent health care are defined by Sections 311.031 and 311.042, and that identifies the populations and communities served by the hospital.(b)  When developing the community benefits plan, the hospital shall consider the health care needs of the community as determined by community-wide needs assessments.  For purposes of this subsection, "community" means the primary geographic area and patient categories for which the hospital provides health care services;  provided, however, that the primary geographic area shall at least encompass the entire county in which the hospital is located.(c)  The hospital shall include at least the following elements in the community benefits plan:(1)  mechanisms to evaluate the plan's effectiveness, including but not limited to a method for soliciting the views of the communities served by the hospital;(2)  measurable objectives to be achieved within a specified time frame;  and(3)  a budget for the plan.(d)  In determining the community-wide needs assessment required by Subsection (b), a nonprofit hospital shall consider consulting with and seeking input from representatives of the following entities or organizations located in the community as defined by Subsection (b):(1)  the local health department;(2)  the public health region under Chapter 121;(3)  the public health district;(4)  health-related organizations, including a health professional association or hospital association;(5)  health science centers;(6)  private business;(7)  consumers;(8)  local governments;  and(9)  insurance companies and managed care organizations with an active market presence in the community.(e)  Representatives of a nonprofit hospital shall consider meeting with representatives of the entities and organizations listed in Subsection (d) to assess the health care needs of the community and population served by the nonprofit hospital.|Added by Acts 1993, 73rd Leg., ch. 360, Sec. 4, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1101, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 311.0455 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 311 - Powers and Duties of Hospitals|Subchapter D. Community Benefits and Charity Care|Section 311.0455. Annual Report by the Department

Sec. 311.0455.  ANNUAL REPORT BY THE DEPARTMENT.  (a)  The department shall submit to the attorney general and comptroller not later than July 1 of each year a report listing each nonprofit hospital or hospital system that did not meet the requirements of Section 311.045 during the preceding fiscal year.(b)  The department shall submit to the attorney general and the comptroller not later than November 1 of each year a report containing the following information for each nonprofit hospital or hospital system during the preceding fiscal year:(1)  the amount of charity care, as defined by Section 311.031, provided;(2)  the amount of government-sponsored indigent health care, as defined by Section 311.031, provided;(3)  the amount of community benefits, as defined by Section 311.042, provided;(4)  the amount of net patient revenue, as defined by Section 311.042, and the amount constituting four percent of net patient revenue;(5)  the dollar amount of the hospital's or hospital system's charity care and community benefits requirements met;(6)  a computation of the percentage by which the amount described by Subdivision (5) is above or below the dollar amount of the hospital's or hospital system's charity care and community benefits requirements;(7)  the amount of tax-exempt benefits, as defined by Section 311.042, provided, if the hospital is required to report tax-exempt benefits under Section 311.045(b)(1)(A) or (b)(1)(B);  and(8)  the amount of charity care expenses reported in the hospital's or hospital system's audited financial statement.(c)  The department shall make the report required by Subsection (b) available to the public and shall issue a press release concerning the availability of the report.(d)  For purposes of Subsection (b), "nonprofit hospital" includes the following if the hospital is not located in a county with a population under 50,000 where the entire county or the population of the entire county has been designated as a Health Professionals Shortage Area:(1)  a Medicaid disproportionate share hospital;  or(2)  a public hospital that is owned or operated by a political subdivision or municipal corporation of the state, including a hospital district or authority.|Added by Acts 1997, 75th Leg., ch. 260, Sec. 2, eff. Jan. 1, 1998.|
TX Health & Safety Code § 311.0461 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 311 - Powers and Duties of Hospitals|Subchapter D. Community Benefits and Charity Care|Section 311.0461. Informational Manual

Sec. 311.0461.  INFORMATIONAL MANUAL.  The department shall annually publish a manual that lists each nonprofit hospital in this state with a brief summary of the charity care policies and community benefits that the nonprofit hospital provides.|Added by Acts 2001, 77th Leg., ch. 654, Sec. 3, eff. Sept. 1, 2001.|
TX Health & Safety Code § 311.047 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 311 - Powers and Duties of Hospitals|Subchapter D. Community Benefits and Charity Care|Section 311.047. Penalties

Sec. 311.047.  PENALTIES.  The department may assess a civil penalty against a nonprofit hospital that fails to make a report of the community benefits plan as required under this subchapter.  The penalty may not exceed $1,000 for each day a report is delinquent after the date on which the report is due.  No penalty may be assessed against a hospital under this subsection until 10 business days have elapsed after written notification to the hospital of its failure to file a report.|Added by Acts 1993, 73rd Leg., ch. 360, Sec. 4, eff. Sept. 1, 1993.|
TX Health & Safety Code § 311.048 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 311 - Powers and Duties of Hospitals|Subchapter D. Community Benefits and Charity Care|Section 311.048. Rights and Remedies

Sec. 311.048.  RIGHTS AND REMEDIES.  The rights and remedies provided for in this subchapter shall not limit, affect, change, or repeal any other statutory or common-law rights or remedies available to the state or a nonprofit hospital.|Added by Acts 1993, 73rd Leg., ch. 360, Sec. 4, eff. Sept. 1, 1993.|
TX Health & Safety Code § 311.061 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 311 - Powers and Duties of Hospitals|Subchapter E. Employment of Physicians by Certain Hospitals Associated With Nonprofit Fraternal Organizations|Section 311.061. Applicability of Subchapter

Sec. 311.061.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a hospital that employs or seeks to employ a physician, that primarily provides medical care to children younger than 18 years of age, and that:(1)  is owned or operated by a nonprofit fraternal organization; or(2)  has a governing body the majority of members of which belong to a nonprofit fraternal organization.|Added by Acts 2011, 82nd Leg., R.S., Ch. 901 (S.B. 761), Sec. 1, eff. June 17, 2011.|
TX Health & Safety Code § 311.062 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 311 - Powers and Duties of Hospitals|Subchapter E. Employment of Physicians by Certain Hospitals Associated With Nonprofit Fraternal Organizations|Section 311.062. Employment of Physicians Permitted

Sec. 311.062.  EMPLOYMENT OF PHYSICIANS PERMITTED.  (a)  A hospital may employ a physician and retain all or part of the professional income generated by the physician for medical services provided at the hospital if the hospital satisfies the requirements of this subchapter.(b)  The billing and receipt of third-party reimbursement for medical care at a hospital does not affect the authority granted to the hospital under this section.|Added by Acts 2011, 82nd Leg., R.S., Ch. 901 (S.B. 761), Sec. 1, eff. June 17, 2011.|
TX Health & Safety Code § 311.063 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 311 - Powers and Duties of Hospitals|Subchapter E. Employment of Physicians by Certain Hospitals Associated With Nonprofit Fraternal Organizations|Section 311.063. Duties and Hospital Policies

Sec. 311.063.  DUTIES AND HOSPITAL POLICIES.  (a)  A hospital that employs physicians under this subchapter shall:(1)  appoint a chief medical officer, who may be a member of the hospital's medical staff;(2)  adopt, maintain, and enforce policies to ensure that a physician employed by the hospital exercises the physician's independent medical judgment in providing care to patients at the hospital; and(3)  designate the chief medical officer as the contact for the Texas Medical Board for all matters relating to complaints regarding interference or attempted interference with a physician's independent medical judgment or any other matter under this section.(b)  The person appointed as chief medical officer shall report the person's appointment to the Texas Medical Board.(c)  The policies adopted under this section must include:(1)  policies relating to:(A)  credentialing;(B)  quality assurance;(C)  utilization review;(D)  peer review; and(E)  medical decision-making; and(2)  the implementation of a complaint mechanism to process and resolve complaints regarding interference or attempted interference with a physician's independent medical judgment.(d)  The policies adopted under this section must be approved by the chief medical officer.(e)  In the event of a conflict between a policy approved by the chief medical officer and any other policy of the hospital, a conflict management process shall be jointly developed and implemented to resolve the conflict.(f)  For all matters relating to the practice of medicine, each physician employed by a hospital under this subchapter shall ultimately report to the chief medical officer.(g)  The chief medical officer shall immediately report to the Texas Medical Board any action or event that the chief medical officer reasonably and in good faith believes constitutes a compromise of the independent medical judgment of a physician in caring for a patient.|Added by Acts 2011, 82nd Leg., R.S., Ch. 901 (S.B. 761), Sec. 1, eff. June 17, 2011.|
TX Health & Safety Code § 311.064 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 311 - Powers and Duties of Hospitals|Subchapter E. Employment of Physicians by Certain Hospitals Associated With Nonprofit Fraternal Organizations|Section 311.064. Construction of Subchapter

Sec. 311.064.  CONSTRUCTION OF SUBCHAPTER.  This subchapter may not be construed as authorizing the governing body of a hospital to supervise or control the practice of medicine as prohibited under Subtitle B, Title 3, Occupations Code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 901 (S.B. 761), Sec. 1, eff. June 17, 2011.|
TX Health & Safety Code § 311.081 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 311 - Powers and Duties of Hospitals|Subchapter F. Employment of Physicians by Certain Hospitals|Section 311.081. Applicability and Construction of Subchapter

Sec. 311.081.  APPLICABILITY AND CONSTRUCTION OF SUBCHAPTER.  (a)  This subchapter applies only to a hospital that employs or seeks to employ a physician and that:(1)  is designated as a critical access hospital under the authority of and in compliance with 42 U.S.C. Section 1395i-4;(2)  is a sole community hospital, as that term is defined by 42 U.S.C. Section 1395ww(d)(5)(D)(iii); or(3)  is located in a county with a population of 50,000 or less.(b)  This subchapter may not be construed as authorizing the governing body of a hospital to supervise or control the practice of medicine, as prohibited under Subtitle B, Title 3, Occupations Code.(c)  This subchapter applies to medical services provided by a physician at the hospital and other health care facilities owned or operated by the hospital.|Added by Acts 2011, 82nd Leg., R.S., Ch. 55 (S.B. 894), Sec. 1, eff. May 12, 2011.Redesignated from Health and Safety Code, Section 311.061 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(27), eff. September 1, 2013.|
TX Health & Safety Code § 311.082 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 311 - Powers and Duties of Hospitals|Subchapter F. Employment of Physicians by Certain Hospitals|Section 311.082. Employment of Physicians Permitted

Sec. 311.082.  EMPLOYMENT OF PHYSICIANS PERMITTED.  A hospital may employ a physician and retain all or part of the professional income generated by the physician for medical services provided at the hospital and other health care facilities owned or operated by the hospital if the hospital satisfies the requirements of this subchapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 55 (S.B. 894), Sec. 1, eff. May 12, 2011.Redesignated from Health and Safety Code, Section 311.062 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(27), eff. September 1, 2013.|
TX Health & Safety Code § 314A.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 314A - Merger Agreements Among Certain Hospitals|Subchapter A. General Provisions|Section 314A.001. Definitions

Sec. 314A.001.  DEFINITIONS.  In this chapter:(1)  "Attorney general" means the attorney general of Texas or any assistant attorney general acting under the direction of the attorney general of Texas.(2)  "Designated agency" means the state agency designated by the governor under Section 314A.004.(3)  "Hospital" means a nonpublic general hospital that is licensed under Chapter 241 and is not maintained or operated by a political subdivision of this state.(4)  "Merger agreement" or "merger" means an agreement among two or more hospitals for the consolidation by merger or other acquisition or transfer of assets by which ownership or control over substantially all of the stock, assets, or activities of one or more previously licensed and operating hospitals is placed under the control of another licensed hospital or hospitals or another entity that controls the hospitals.(5)  "State agency" means a department, commission, board, office, or other agency in the executive branch of state government that is created by the constitution or a statute of this state.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 314A - Merger Agreements Among Certain Hospitals|Subchapter A. General Provisions|Section 314A.002. Applicability

Sec. 314A.002.  APPLICABILITY.  This chapter applies only to a merger agreement among hospitals each of which is located within a county that:(1)  contains two or more hospitals; and(2)  has a population of:(A)  less than 100,000 and is not adjacent to a county with a population of 250,000 or more; or(B)  more than 100,000 and less than 150,000 and is not adjacent to a county with a population of 100,000 or more.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 314A - Merger Agreements Among Certain Hospitals|Subchapter A. General Provisions|Section 314A.003. Legislative Findings and Purposes; Grant of Antitrust Immunity

Sec. 314A.003.  LEGISLATIVE FINDINGS AND PURPOSES; GRANT OF ANTITRUST IMMUNITY.  (a)  The legislature finds that:(1)  a merger among hospitals may benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and(2)  the benefits described by Subdivision (1) resulting from the merger may outweigh any anticompetitive effects of joining together competitors to address unique challenges in providing health care services in rural areas.(b)  The legislature believes it is in the state's best interest to supplant state and federal antitrust laws with a process for regulatory approval and active supervision by the designated agency as provided by this chapter.  It is the intent of the legislature that this chapter immunize from all federal and state antitrust laws the execution of merger agreements approved under this chapter and post-merger activities supervised under this chapter.(c)  Nothing in this chapter affects antitrust immunity that may be provided through another provision of state law.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 314A - Merger Agreements Among Certain Hospitals|Subchapter A. General Provisions|Section 314A.004. Designation of Supervising State Agency

Sec. 314A.004.  DESIGNATION OF SUPERVISING STATE AGENCY.  (a)  The governor shall designate an appropriate state agency, other than the office of the attorney general, to:(1)  review and approve or deny applications submitted under this chapter for certificates of public advantage; and(2)  supervise as provided by Subchapter C the activities for which a certificate of public advantage is issued.(b)  After the governor designates a state agency under Subsection (a), the governor may designate another appropriate state agency under that subsection at any time.(c)  A change in the designation of a state agency made under this section does not affect the validity of any action taken under this chapter by a predecessor designated agency.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 314A - Merger Agreements Among Certain Hospitals|Subchapter A. General Provisions|Section 314A.005. Rulemaking

Sec. 314A.005.  RULEMAKING.  The designated agency shall adopt rules for the administration and implementation of this chapter.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 314A - Merger Agreements Among Certain Hospitals|Subchapter B. Certificate of Public Advantage|Section 314A.051. Review and Certification of Merger Agreements Required

Sec. 314A.051.  REVIEW AND CERTIFICATION OF MERGER AGREEMENTS REQUIRED.  (a)  Two or more hospitals may negotiate and enter into a merger agreement, subject to approval by the designated agency as provided by this subchapter.(b)  No merger agreement shall receive immunity under this chapter unless the designated agency issues a certificate of public advantage governing the merger agreement.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.052 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 314A - Merger Agreements Among Certain Hospitals|Subchapter B. Certificate of Public Advantage|Section 314A.052. Application

Sec. 314A.052.  APPLICATION.  (a)  One or more parties to a merger agreement may submit an application to the designated agency for a certificate of public advantage governing the merger agreement.  The application must include a written copy of the merger agreement and describe the nature and scope of the merger.(b)  If an applicant believes the documents or other information required to be submitted with an application under Subsection (a) contains proprietary information that is required to remain confidential, the applicant shall:(1)  clearly identify the information; and(2)  submit duplicate applications, one application that has complete information for the designated agency's use and one redacted application that will be made available for public release.(c)  A copy of the application and copies of all additional related materials must be submitted to the attorney general and to the designated agency at the same time.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.053 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 314A - Merger Agreements Among Certain Hospitals|Subchapter B. Certificate of Public Advantage|Section 314A.053. Application Fee

Sec. 314A.053.  APPLICATION FEE.  (a)  The designated agency may assess a fee for filing an application under Section 314A.052 in an amount not to exceed $75,000.  The amount of the fee must be sufficient to cover the reasonable costs of the designated agency and attorney general in reviewing and approving or denying applications under this subchapter.(b)  Fees collected under this section may be appropriated to the designated agency for purposes of covering costs relating to the implementation and administration of this chapter, including the supervision of hospitals under this chapter.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.054 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle F - Powers and Duties of Hospitals|Chapter 314A - Merger Agreements Among Certain Hospitals|Subchapter B. Certificate of Public Advantage|Section 314A.054. Review of Application by Designated Agency; Grant or Denial of Application

Sec. 314A.054.  REVIEW OF APPLICATION BY DESIGNATED AGENCY; GRANT OR DENIAL OF APPLICATION.  (a)  The designated agency shall review an application for a certificate of public advantage in accordance with the standard prescribed by Section 314A.056(a)(1).(b)  The designated agency shall grant or deny the application not later than the 120th day after the date of the filing of the application.  The designated agency's decision must:(1)  be in writing;(2)  specify the basis for the decision; and(3)  provide a copy of the decision to the applicants on the date of the decision.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|