reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 248A.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter A. General Provisions|Section 248A.001. Definitions

Sec. 248A.001.  DEFINITIONS.  In this chapter:(1)  "Basic services" includes:(A)  the development, implementation, and monitoring of a comprehensive protocol of care that:(i)  is provided to a medically dependent or technologically dependent minor;(ii)  is developed in conjunction with the minor's parent or legal guardian; and(iii)  specifies the medical, nursing, psychosocial, therapeutic, and developmental services required by the minor served; and(B)  the caregiver training needs of the minor's parent or legal guardian.(2)  "Center" means a prescribed pediatric extended care center.(3)  "Commission" means the Health and Human Services Commission.(4)  "Commissioner" means the commissioner of aging and disability services.(5)  "Controlling person" has the meaning assigned by Section 248A.0012.(6)  "Department" means the Department of Aging and Disability Services.(7)  "Executive commissioner" means the executive commissioner of the commission.(8)  "Medically dependent or technologically dependent minor" means a minor who because of an acute, chronic, or intermittent medically complex or fragile condition or disability requires ongoing, technology-based skilled nursing care prescribed by the minor's physician to avert death or further disability or the routine use of a medical device to compensate for a deficit in a life-sustaining body function.  The term does not include minor or occasional medical conditions that do not require continuous nursing care, including asthma or diabetes, or a condition that requires an epinephrine injection.(9)  "Minor" means an individual younger than 21 years of age.(10)  "Prescribed pediatric extended care center" means a facility operated for profit or on a nonprofit basis that provides nonresidential basic services to four or more medically dependent or technologically dependent minors who require the services of the facility and who are not related by blood, marriage, or adoption to the owner or operator of the facility.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.0012 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter A. General Provisions|Section 248A.0012. Controlling Person

Sec. 248A.0012.  CONTROLLING PERSON.  (a)  A person is a controlling person if the person has the ability, acting alone or in concert with others, to directly or indirectly influence, direct, or cause the direction of the management of, expenditure of money for, or policies of a center or other person.(b)  For purposes of this chapter, "controlling person" includes:(1)  a management company, landlord, or other business entity that operates or contracts with another person for the operation of a center;(2)  any person who is a controlling person of a management company or other business entity that operates a center or that contracts with another person for the operation of a center; and(3)  any other person who, because of a personal, familial, or other relationship with the owner, manager, landlord, tenant, or provider of a center, is in a position of actual control of or authority with respect to the center, regardless of whether the person is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the center.(c)  Notwithstanding any other provision of this section, for purposes of this chapter, a controlling person of a center or of a management company or other business entity described by Subsection (b)(1) that is a publicly traded corporation or is controlled by a publicly traded corporation means an officer or director of the corporation.  The term does not include a shareholder or lender of the publicly traded corporation.(d)  A controlling person described by Subsection (b)(3) does not include a person, including an employee, lender, secured creditor, or landlord, who does not exercise any formal or actual influence or control over the operation of a center.(e)  The executive commissioner may adopt rules that define the ownership interests and other relationships that qualify a person as a controlling person under this section.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter A. General Provisions|Section 248A.002. Exemptions

Sec. 248A.002.  EXEMPTIONS.  This chapter does not apply to:(1)  a facility operated by the United States government or a federal agency; or(2)  a health facility otherwise licensed under this subtitle.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter A. General Provisions|Section 248A.003. Conflict With Local Laws

Sec. 248A.003.  CONFLICT WITH LOCAL LAWS.  To the extent of any conflict between the standards adopted under this chapter and a standard required in a local, county, or municipal ordinance, this chapter controls.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter B. Licensing of Centers|Section 248A.051. License Required; Premises Restriction

Sec. 248A.051.  LICENSE REQUIRED; PREMISES RESTRICTION.  (a)  A person may not own or operate a prescribed pediatric extended care center in this state unless the person holds an initial, renewal, or temporary license issued under this chapter.  An applicant for a prescribed pediatric extended care center license may not provide services under that license until the department issues the license.(b)  A separate initial, renewal, or temporary license is required for each center located on separate premises, regardless of whether the centers are under the ownership or operation of the same person.(c)  A person may not operate a center on the same premises as:(1)  a child-care facility licensed under Chapter 42, Human Resources Code; or(2)  any other facility licensed by the department or the Department of State Health Services.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 1, eff. September 1, 2015.|
TX Health & Safety Code § 248A.052 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter B. Licensing of Centers|Section 248A.052. Initial License Application; Issuance

Sec. 248A.052.  INITIAL LICENSE APPLICATION; ISSUANCE.  (a)  An applicant for an initial prescribed pediatric extended care center license shall submit to the department in accordance with department rules:(1)  a sworn application on the form prescribed by the department;(2)  a letter of credit as prescribed by the department to demonstrate the applicant's financial viability; and(3)  the required fees.(b)  The application must contain:(1)  the location of the premises of the center for which the license is sought;(2)  documentation, signed by the appropriate local government official, stating the location and use of the premises meet local zoning requirements;(3)  the name, address, and social security number of, and background and criminal history check information for:(A)  the applicant;(B)  the administrator responsible for daily operations of the center;(C)  the financial officer responsible for financial operations of the center; and(D)  each controlling person;(4)  the name, address, and federal employer identification number or taxpayer identification number of the applicant and of each controlling person, if the applicant or controlling person is not an individual;(5)  the business name of the center;(6)  the maximum patient capacity requested for the center; and(7)  a sworn affidavit that the applicant has complied with this chapter and rules adopted under this chapter.(c)  The department shall issue an initial license to a center under this chapter if the department determines that the applicant and the center meet the requirements of this chapter and the rules and standards adopted under this chapter.  The license must include:(1)  the license holder's name;(2)  the location of the premises of the center; and(3)  a statement indicating the center provides services to minors for 12 hours or less in a 24-hour period and does not provide 24-hour care.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0744, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 2, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 3, eff. September 1, 2015.|
TX Health & Safety Code § 248A.0525 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter B. Licensing of Centers|Section 248A.0525. Temporary License Procedures

Sec. 248A.0525.  TEMPORARY LICENSE PROCEDURES.  (a)  An applicant for an initial license under Section 248A.052 may request, in the manner prescribed by the department and in accordance with this section, that the department issue a temporary license pending the department's review of the applicant's application for an initial license.  An applicant is not required to request a temporary license to receive an initial or renewal license.(b)  A temporary license issued under this section authorizes an applicant to provide nonresidential basic services to not more than six minors until the temporary license expires or terminates in accordance with this section.(c)  On receipt of a temporary license request, the department shall conduct a review of the applicant's policies, procedures, and staffing plans to serve minors in the center.(d)  The department shall grant an applicant's request for a temporary license if the department determines the applicant is eligible for the license as provided by this subsection.  The department may not grant a request for a temporary license if the department determines the applicant is ineligible for the license under this subsection.  An applicant is eligible for a temporary license only if the applicant meets:(1)  the license application requirements of Sections 248A.052(a) and (b) and the license application rules adopted under this chapter;(2)  the building requirements and standards for a center provided in department rules adopted under this chapter; and(3)  the requirements of the department's review conducted under Subsection (c).(e)  A temporary license issued under this section expires on the earlier of:(1)  the 90th day after the date the temporary license is issued or the last day of any extension period granted by the department; or(2)  the date an initial license is issued under Section 248A.052.(f)  The department may not grant more than one extension of a temporary license issued under this section and may not grant an extension for a period that exceeds 90 days.  The department shall grant an extension if a temporary license holder submits to the department an extension request in the manner prescribed by the department not later than the 30th day before the date the temporary license expires.(g)  A temporary license holder must comply with this chapter and the rules adopted under this chapter for the period for which the temporary license is issued, including an extension, if applicable.  The department may take an enforcement action against a temporary license holder for failure to comply with this chapter and the rules adopted under this chapter.(h)  The department may conduct a complaint investigation and inspection of a temporary license holder. |Added by Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 4, eff. September 1, 2015.|
TX Health & Safety Code § 248A.053 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter B. Licensing of Centers|Section 248A.053. Initial or Renewal License Term; Renewal; Notification

Sec. 248A.053.  INITIAL OR RENEWAL LICENSE TERM; RENEWAL; NOTIFICATION.  (a)  An initial or renewal license issued under this chapter expires on the third anniversary of the date of issuance.  The executive commissioner by rule shall adopt a system under which licenses expire on staggered dates during each three-year period.  The commission shall prorate the license fee as appropriate if the expiration date of a license changes as a result of this subsection.(b)  A person applying to renew a center license shall:(1)  submit a renewal application to the commission on a prescribed form at least 60 days but not more than 120 days before expiration of the license;(2)  submit the renewal fee in the amount required by agency rule; and(3)  comply with any other requirements specified by agency rule.(c)  The commission shall assess a $50 per day late fee to a license holder who submits a renewal application after the date required by Subsection (b)(1), except that the total amount of a late fee may not exceed the lesser of 50 percent of the license renewal fee or $500.(d)  At least 120 days before expiration of a center license, the commission shall notify the owner or operator of the center of the license expiration.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0745, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 6, eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 10, eff. September 1, 2017.|
TX Health & Safety Code § 248A.054 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter B. Licensing of Centers|Section 248A.054. License Not Transferable or Assignable

Sec. 248A.054.  LICENSE NOT TRANSFERABLE OR ASSIGNABLE.  A license under this chapter is issued to the license holder named on the license at the location of the premises listed on the license and is not transferable or assignable.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.101 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter C. Powers and Duties Of|Section 248A.101. Adoption of Rules and Standards

Sec. 248A.101.  ADOPTION OF RULES AND STANDARDS.  (a)  The executive commissioner shall adopt rules necessary to implement this chapter.(b)  To protect the health and safety of the public and ensure the health, safety, and comfort of the minors served by a center, the rules must establish minimum center standards, including:(1)  standards relating to the issuance, renewal, denial, suspension, probation, and revocation of a license to operate a center;(2)  standards relating to the provision of family-centered basic services that include individualized medical, developmental, and family training services;(3)  based on the size of the building and the number of minors served, building construction and renovation standards, including standards for plumbing, electrical, glass, manufactured buildings, accessibility for persons with physical disabilities, and fire protection;(4)  based on the size of the building and the number of minors served, building maintenance conditions relating to plumbing, heating, lighting, ventilation, adequate space, fire protection, and other conditions;(5)  standards relating to the minimum number of and qualifications required for personnel who provide personal care or basic services to the minors served;(6)  standards relating to the sanitary conditions within a center and its surroundings, including water supply, sewage disposal, food handling, and general hygiene;(7)  standards relating to the programs offered by the center to promote and maintain the health and development of the minors served and to meet the training needs of the minors' parents or legal guardians;(8)  standards relating to physician-prescribed supportive services;(9)  standards relating to transportation services; and(10)  standards relating to maintenance of patient medical records and program records in accordance with other law and with accepted professional standards and practices.(c)  The executive commissioner by rule shall authorize the commissioner to grant a waiver from compliance with standards adopted under Subsection (b)(3), (4), or (6) to a center located in a municipality that adopts a code to regulate any of those standards if the commissioner determines the applicable municipal code standards exceed the corresponding standards adopted under Subsection (b)(3), (4), or (6).|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0746, eff. April 2, 2015.|
TX Health & Safety Code § 248A.102 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter C. Powers and Duties Of|Section 248A.102. Inspections; Corrective Action Plan

Sec. 248A.102.  INSPECTIONS; CORRECTIVE ACTION PLAN.  (a)  The department may inspect a center, including its records, at reasonable times as necessary to ensure compliance with this chapter and the rules adopted under this chapter.  The center shall provide the department with access to all center records.(b)  The department shall inspect a center before issuing or renewing a license under this chapter.(c)  The department may require a center that undergoes an inspection to:(1)  take appropriate corrective action necessary to comply with the requirements of this chapter and rules adopted under this chapter; and(2)  submit a corrective action plan to the department for approval.(d)  A center shall make available to any person on request a copy of each inspection report pertaining to the center that has been issued by the department.  Before making an inspection report available under this subsection, the center shall redact from the report any information that is confidential under other law.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.103 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter C. Powers and Duties Of|Section 248A.103. Fees

Sec. 248A.103.  FEES.  (a)  The executive commissioner by rule shall set fees imposed by this chapter in amounts reasonable and necessary to cover the cost of administering this chapter.(b)  A fee collected under this chapter shall be deposited in the state treasury to the credit of the general revenue fund.(c)  A fee collected under this chapter is nonrefundable.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0747, eff. April 2, 2015.|
TX Health & Safety Code § 248A.104 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter C. Powers and Duties Of|Section 248A.104. Commission Duties

Sec. 248A.104.  COMMISSION DUTIES.  The commission shall designate a center licensed under this chapter as a health care services provider under the medical assistance program established under Chapter 32, Human Resources Code.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|
TX Health & Safety Code § 248A.151 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter D. Center Regulation|Section 248A.151. Admission Criteria for Minor Client; Adult Accompaniment

Sec. 248A.151.  ADMISSION CRITERIA FOR MINOR CLIENT; ADULT ACCOMPANIMENT.  (a)  A center may not admit a minor client to the center unless:(1)  the client is a medically dependent or technologically dependent minor;(2)  the minor's prescribing physician issues a prescription ordering care at a center;(3)  the minor's parent or legal guardian consents to the minor's admission to the center; and(4)  the admission is voluntary based on the parent's or legal guardian's preference in both managed care and non-managed care service delivery systems.(b)  An admission authorized under this section is not intended to supplant the right to a Medicaid private duty nursing benefit, when medically necessary.(c)  A minor client's parent, legal guardian, or managing conservator is not required to accompany the client when:(1)  the client receives services in the center, including therapy services delivered in the center but billed separately; or(2)  the center transports or provides for the transport of the client to and from the center.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 7, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 8, eff. September 1, 2015.|
TX Health & Safety Code § 248A.152 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter D. Center Regulation|Section 248A.152. Restrictions on Hours, Services, and Patient Capacity

Sec. 248A.152.  RESTRICTIONS ON HOURS, SERVICES, AND PATIENT CAPACITY.  (a)  A center may not provide services to a minor for more than 12 hours in any 24-hour period.(b)  A center may not provide services other than services regulated under this chapter and department rule.(c)  The maximum patient capacity at a center may not exceed 60.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0748, eff. April 2, 2015.|
TX Health & Safety Code § 248A.153 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 248A - Prescribed Pediatric Extended Care Centers|Subchapter D. Center Regulation|Section 248A.153. License Display

Sec. 248A.153.  LICENSE DISPLAY.  Each center licensed under this chapter shall display the center's license in a conspicuous location readily visible to a person entering the center.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.|