reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 314A.055 (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.055. Review of Application by Attorney General

Sec. 314A.055.  REVIEW OF APPLICATION BY ATTORNEY GENERAL.  (a)  The attorney general shall review an application for a certificate of public advantage and all supporting documents and information provided by the applicants.  On completion of the review and subject to Subsection (b), the attorney general shall advise the designated agency whether:(1)  the proposed merger agreement would likely benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and(2)  the likely benefits resulting from the proposed merger agreement outweigh any disadvantages attributable to a reduction in competition that may result from the proposed merger.(b)  The attorney general shall review an application for a certificate of public advantage as soon as practicable, taking into consideration the deadline prescribed by Section 314A.054.(c)  If the attorney general advises the designated agency to deny an application, the attorney general shall state the basis and reasons for the recommended denial.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.056 (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.056. Issuance of Certificate of Public Advantage

Sec. 314A.056.  ISSUANCE OF CERTIFICATE OF PUBLIC ADVANTAGE.  (a)  The designated agency, after reviewing the application and consulting with the attorney general in accordance with Section 314A.055, shall issue a certificate of public advantage for a merger agreement if:(1)  the designated agency determines under the totality of the circumstances that:(A)  the proposed merger would likely benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and(B)  the likely benefits resulting from the proposed merger agreement described by Paragraph (A) outweigh any disadvantages attributable to a reduction in competition that may result from the proposed merger; and(2)  the application:(A)  provides specific evidence showing that the proposed merger would likely benefit the public as described by Subdivision (1)(A);(B)  explains in detail how the likely benefits resulting from the proposed merger agreement outweigh any disadvantages attributable to a reduction in competition as described by Subdivision (1)(B); and(C)  sufficiently addresses the factors listed in Subsection (b) and any other factor the designated agency may require based on the circumstances specific to the application.(b)  In making the determination under Subsection (a)(1), the designated agency shall consider the effect of the merger agreement on the following nonexclusive list of factors:(1)  the quality and price of hospital and health care services provided to citizens of this state;(2)  the preservation of sufficient hospitals within a geographic area to ensure public access to acute care;(3)  the cost efficiency of services, resources, and equipment provided or used by the hospitals that are a party to the merger agreement;(4)  the ability of health care payors to negotiate payment and service arrangements with hospitals proposed to be merged under the agreement; and(5)  the extent of any reduction in competition among physicians, allied health professionals, other health care providers, or other persons providing goods or services to, or in competition with, hospitals.(c)  The designated agency may include terms or conditions of compliance in connection with a certificate of public advantage issued under this subchapter if necessary to ensure that the proposed merger likely benefits the public as specified in Subsection (a)(1).|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.057 (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.057. Records

Sec. 314A.057.  RECORDS.  The designated agency shall maintain records of all merger agreements the designated agency has approved under this chapter, including any terms or conditions of issuing a certificate of public advantage that are imposed by the 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.058 (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.058. Termination of Certificate of Public Advantage by Hospital

Sec. 314A.058.  TERMINATION OF CERTIFICATE OF PUBLIC ADVANTAGE BY HOSPITAL.  A hospital resulting from a merger agreement approved under this chapter may voluntarily terminate its certificate of public advantage by giving the designated agency notice at least 30 days before the date of the termination.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.059 (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.059. Annual Review of Certificate

Sec. 314A.059.  ANNUAL REVIEW OF CERTIFICATE.  (a)  The designated agency shall annually review an approved certificate of public advantage.(b)  The attorney general may annually review an approved certificate of public advantage.(c)  The designated agency may not complete its annual review of an approved certificate of public advantage under this section until:(1)  the attorney general informs the designated agency whether the attorney general intends to conduct any review of the certificate of public advantage as authorized under this section; and(2)  if the attorney general informs the designated agency of the attorney general's intent to conduct a review of an entity's approved certificate of public advantage, the attorney general has had the opportunity to conduct the review.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.101 (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 C. Supervision of Merged Hospitals Under Approved Merger Agreement|Section 314A.101. Supervision of Merged Hospitals

Sec. 314A.101.  SUPERVISION OF MERGED HOSPITALS.  The designated agency shall supervise in the manner provided by this subchapter each hospital operating under a certificate of public advantage issued under this chapter to ensure that the immunized conduct of a merged entity furthers the purposes 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.103 (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 C. Supervision of Merged Hospitals Under Approved Merger Agreement|Section 314A.103. Annual Report

Sec. 314A.103.  ANNUAL REPORT.  Each hospital operating under a certificate of public advantage shall submit an annual report to the designated agency.  The report must include:(1)  information about the extent of the benefits attributable to the issuance of the certificate of public advantage;(2)  if applicable, information about the hospital's actions taken:(A)  in furtherance of any commitments made by the parties to the merger; or(B)  to comply with terms imposed by the designated agency as a condition for approval of the merger agreement;(3)  a description of the activities conducted by the hospital under the merger agreement;(4)  information relating to the price, cost, and quality of and access to health care for the population served by the hospital; and(5)  any other information required by the designated agency to ensure compliance with this chapter, including information relating to compliance with any terms or conditions for issuance of the certificate of public advantage.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.104 (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 C. Supervision of Merged Hospitals Under Approved Merger Agreement|Section 314A.104. Corrective Action Plan

Sec. 314A.104.  CORRECTIVE ACTION PLAN.  (a)  The designated agency shall require a hospital operating under a certificate of public advantage to adopt a plan to correct a deficiency in the hospital's activities if the designated agency determines that an activity of the hospital:(1)  does not benefit the public as described by Section 314A.056(a)(1)(A); or(2)  no longer meets the standard prescribed by Section 314A.056(a)(1).(b)  The corrective action plan must include each provision required by the designated agency and must be submitted at the agency's direction.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.105 (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 C. Supervision of Merged Hospitals Under Approved Merger Agreement|Section 314A.105. Supervision Fee

Sec. 314A.105.  SUPERVISION FEE.  (a)  The designated agency may assess an annual supervision fee in an amount that is at least $75,000 but not more than $200,000 against each hospital operating under a certificate of public advantage under this chapter.  The amount of the fee imposed on hospitals under this subsection must be based on the assessment by the designated agency of the amount needed to cover the reasonable costs incurred by the designated agency in supervising hospitals under this subchapter and in implementing and administering this chapter.(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.151 (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 D. Enforcement Authority by Designated Agency|Section 314A.151. Investigation; Revocation of Certificate

Sec. 314A.151.  INVESTIGATION; REVOCATION OF CERTIFICATE.  With respect to each hospital resulting from a merger agreement for which the designated agency issued a certificate of public advantage under this chapter, and to ensure that the hospital's activities continue to benefit the public under the standard prescribed by Section 314A.056(a)(1) and the purposes of this chapter, the designated agency may:(1)  investigate the hospital's activities; and(2)  require the hospital to perform a certain action or refrain from a certain action or revoke the hospital's certificate of public advantage, if the designated agency determines that:(A)  the hospital is not complying with this chapter or a term or condition of compliance with the certificate of public advantage governing the hospital's immunized activities;(B)  the designated agency's approval and issuance of the certificate of public advantage was obtained as a result of material misrepresentation;(C)  the hospital has failed to pay any fee required under this chapter; or(D)  the benefits resulting from the approved merger no longer outweigh the disadvantages attributable to the reduction in competition resulting from the approved merger.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.152 (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 D. Enforcement Authority by Designated Agency|Section 314A.152. Judicial Review of Designated Agency Action

Sec. 314A.152.  JUDICIAL REVIEW OF DESIGNATED AGENCY ACTION.  (a)  A person aggrieved by a decision of the designated agency in granting, denying, or refusing to act on an application for a certificate of public advantage submitted under Subchapter B or revoking a certificate of public advantage issued under this chapter may appeal the final order by filing a petition for judicial review in a district court of Travis County.(b)  The filing of a petition for judicial review of a decision by the designated agency to revoke a certificate of public advantage stays enforcement of the agency's decision.(c)  Not later than the 45th day after the date a person files a petition for judicial review under this section, the designated agency shall submit to the district court the original copy or a certified copy of the entirety of the agency's record regarding the decision under review.  By stipulation of all parties, the record may be shortened.  The district court may require or permit later corrections or additions to the record.  The district court may extend the period prescribed by this subsection for submitting the agency's record to the court.(d)  The district court shall conduct the review sitting without a jury.(e)  The district court may reverse a decision by the designated agency regarding revocation of a certificate of public advantage if the court finds that the decision is:(1)  in violation of a constitutional or statutory provision;(2)  in excess of the agency's statutory authority;(3)  made through unlawful procedure;(4)  arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or(5)  unsupported by substantial and material evidence in light of the record as a whole.(f)  Under Subsection (e)(5), in determining the substantiality of the evidence, the district court:(1)  shall consider other evidence that detracts from the substantiality; and(2)  may not substitute its judgment for the judgment of the designated agency on the weight of the evidence as to a question of fact.(g)  The district court shall issue a written decision setting forth the court's findings of fact and conclusions of law.  The designated agency shall add the court's decision to the agency's record.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.201 (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 E. Attorney General Investigation and Enforcement Authority|Section 314A.201. Civil Investigative Demand

Sec. 314A.201.  CIVIL INVESTIGATIVE DEMAND.  (a)  The attorney general, at any time after an application is filed under Section 314A.052 and before the designated agency makes a determination on the application, or in connection with the agency's annual review of a certificate of public advantage under Section 314A.059, may require by civil investigative demand the attendance and testimony of witnesses and the production of documents in Travis County or the county in which the applicants are located for the purpose of investigating whether the merger agreement satisfies or, after issuance of the certificate of public advantage, continues to satisfy the standard prescribed by Section 314A.056(a)(1).(b)  All nonpublic documents produced for and testimony given to the attorney general under Subsection (a) are subject to the prohibitions on disclosure and use under Section 15.10(i), Business & Commerce Code.(c)  The attorney general may seek an order from the district court compelling compliance with a civil investigative demand issued under this section.|Added by Acts 2019, 86th Leg., R.S., Ch. 1168 (H.B. 3301), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 314A.202 (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 E. Attorney General Investigation and Enforcement Authority|Section 314A.202. Action to Revoke Certificate of Public Advantage Following Changed Circumstances

Sec. 314A.202.  ACTION TO REVOKE CERTIFICATE OF PUBLIC ADVANTAGE FOLLOWING CHANGED CIRCUMSTANCES.  (a)  If, following an annual review of a certificate of public advantage, the attorney general determines that as a result of changed circumstances the benefits resulting from a certified merger agreement as described by Section 314A.056(a)(1)(A) no longer outweigh any disadvantages attributable to a reduction in competition resulting from the merger agreement, the attorney general may bring an action in a district court in Travis County seeking to revoke the certificate of public advantage in accordance with the procedures prescribed by this section.(b)  Except as provided by Subsection (c), in an action brought under this section, the attorney general has the burden of establishing by clear and convincing evidence that as a result of changed circumstances the benefits resulting from the certified merger agreement and the unavoidable costs of revoking the certificate of public advantage are outweighed by disadvantages attributable to a reduction in competition resulting from the merger agreement.(c)  In any action brought under this section, if the attorney general first establishes by clear and convincing evidence that the designated agency's certification was obtained as a result of material misrepresentation to the designated agency or the attorney general or as the result of coercion, threats, or intimidation directed toward any party to the merger agreement, then the parties to the merger agreement bear the burden of establishing by clear and convincing evidence that despite changed circumstances the benefits resulting from the certified merger agreement and the unavoidable costs of revoking the certificate of public advantage are not outweighed by disadvantages attributable to a reduction in competition resulting from 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 § 322.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 322 - Use of Restraint and Seclusion in Certain Health Care Facilities|Subchapter A. General Provisions|Section 322.001. Definitions

Sec. 322.001.  DEFINITIONS.  In this chapter:(1)  "Facility" means:(A)  a general residential operation, as defined by Section 42.002, Human Resources Code, including a state-operated facility, serving children with an intellectual disability;(B)  an ICF-IID licensed by the Department of Aging and Disability Services under Chapter 252 or operated by that department and exempt under Section 252.003 from the licensing requirements of that chapter;(C)  a mental hospital or mental health facility, as defined by Section 571.003;(D)  an institution, as defined by Section 242.002;(E)  an assisted living facility, as defined by Section 247.002; or(F)  a treatment facility, as defined by Section 464.001.(2)  "Health and human services agency" means an agency listed in Section 531.001, Government Code.(3)  "Seclusion" means the involuntary separation of a resident from other residents and the placement of the resident alone in an area from which the resident is prevented from leaving.|Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), Sec. 1, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0856, eff. April 2, 2015.|
TX Health & Safety Code § 322.051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 322 - Use of Restraint and Seclusion in Certain Health Care Facilities|Subchapter B. Restraints and Seclusion|Section 322.051. Certain Restraints Prohibited

Sec. 322.051.  CERTAIN RESTRAINTS PROHIBITED.  (a)  A person may not administer to a resident of a facility a restraint that:(1)  obstructs the resident's airway, including a procedure that places anything in, on, or over the resident's mouth or nose;(2)  impairs the resident's breathing by putting pressure on the torso; or(3)  interferes with the resident's ability to communicate.(b)  A person may use a prone or supine hold on the resident of a facility only if the person:(1)  limits the hold to no longer than the period specified by rules adopted under Section 322.052;(2)  uses the hold only as a last resort when other less restrictive interventions have proven to be ineffective; and(3)  uses the hold only when an observer, who is trained to identify the risks associated with positional, compression, or restraint asphyxiation and with prone and supine holds and who is not involved in the restraint, is ensuring the resident's breathing is not impaired.(c)  Small residential facilities and small residential service providers are exempt from Subsection (b)(3).|Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), Sec. 1, eff. September 1, 2005.|
TX Health & Safety Code § 322.0515 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle G - Provision of Services in Certain Facilities|Chapter 322 - Use of Restraint and Seclusion in Certain Health Care Facilities|Subchapter B. Restraints and Seclusion|Section 322.0515. Authorization for Use of Wheelchair Self-Release Seat Belt; Exception

Sec. 322.0515.  AUTHORIZATION FOR USE OF WHEELCHAIR SELF-RELEASE SEAT BELT; EXCEPTION.  (a) Except as provided by Subsection (b) and notwithstanding Section 322.051, a facility shall allow a resident to use a wheelchair self-release seat belt while the resident is in the resident's wheelchair if:(1)  the resident demonstrates the ability to release and fasten the seat belt without assistance;(2)  the use of the wheelchair self-release seat belt complies with the resident's plan of care; and(3)  the facility receives written authorization signed by the resident or the resident's legal guardian for the resident to use the wheelchair self-release seat belt.(b)  A facility that advertises as a restraint-free facility is not required to comply with Subsection (a) if the facility:(1)  provides to current and prospective residents a written disclosure stating the facility is restraint-free and is not required to comply with a request under Subsection (a); and(2)  makes all reasonable efforts to accommodate the concerns of a resident who requests a seat belt under Subsection (a).|Added by Acts 2017, 85th Leg., R.S., Ch. 1138 (H.B. 284), Sec. 1, eff. September 1, 2017.|