reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 242.094 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.094. Involuntary Appointment

Sec. 242.094.  INVOLUNTARY APPOINTMENT.  (a)  The department may request the attorney general to bring an action in the name and on behalf of the state for the appointment of a trustee to operate a home if:(1)  the home is operating without a license; (2)  the department has suspended or revoked the home's license; (3)  license suspension or revocation procedures against the home are pending and the department determines that an imminent threat to the health and safety of the residents exists; (4)  the department determines that an emergency exists that presents an immediate threat to the health and safety of the residents;  or(5)  the home is closing and arrangements for relocation of the residents to other licensed institutions have not been made before closure.(b)  A trustee appointed under Subsection (a)(5) may only ensure an orderly and safe relocation of the home's residents as quickly as possible.(c)  After a hearing, a court shall appoint a trustee to take charge of a home if the court finds that involuntary appointment of a trustee is necessary.(d)  If possible, the court shall appoint as trustee an individual whose background includes institutional medical administration. Text of subsection (e) as added by Acts 1993, 73rd Leg., ch. 815, Sec. 3 (e)  Venue for actions brought under this section shall be in Travis County.(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1 , Sec. 3.1639(59), eff. April 2, 2015.(f)  A court having jurisdiction of a judicial review of the matter may not order arbitration, whether on motion of any party or on the court's own motion, to resolve the legal issues of a dispute involving the:(1)  appointment of a trustee under this section;  or(2)  conduct with respect to which the appointment of trustee is sought.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 583, Sec. 2, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 815, Sec. 3, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 1094, Sec. 4, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(59), eff. April 2, 2015.|
TX Health & Safety Code § 242.0945 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.0945. Qualifications of Trustees

Sec. 242.0945.  QUALIFICATIONS OF TRUSTEES.  (a)  A court may appoint a person to serve as a trustee under this subchapter only if the proposed trustee can demonstrate to the court that the proposed trustee will be:(1)  present at the home as required to perform the duties of a trustee;  and(2)  available on call to appropriate staff at the home, the department, and the court as necessary during the time the trustee is not present at the home.(b)  A trustee shall report to the court in the event that the trustee is unable to satisfy the requirements of Subsection (a)(1) or (2).(c)  On the motion of any party or on the court's own motion, the court may replace a trustee who is unable to satisfy the requirements of Subsection (a)(1) or (2).(d)  A trustee's charges must separately identify personal hours worked for which compensation is claimed.  A trustee's claim for personal compensation may include only compensation for activities related to the trusteeship and performed in or on behalf of the home.|Added by Acts 1999, 76th Leg., ch. 439, Sec. 1, eff. Sept. 1, 1999.|
TX Health & Safety Code § 242.0946 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.0946. Nepotism Prohibition

Sec. 242.0946.  NEPOTISM PROHIBITION.  A person serving as a trustee under this subchapter may not employ or otherwise appoint an individual to work with the trustee in the home who is related to the trustee within the third degree of consanguinity or affinity, as determined under Chapter 573, Government Code.|Added by Acts 1999, 76th Leg., ch. 439, Sec. 1, eff. Sept. 1, 1999.|
TX Health & Safety Code § 242.095 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.095. Fee; Release of Funds

Sec. 242.095.  FEE;  RELEASE OF FUNDS.  (a)  A trustee appointed under this subchapter is entitled to a reasonable fee as determined by the court.  In determining the trustee's personal compensation for nursing facility administrator activities, the court shall consider reasonable a rate that is equal to 150 percent of the maximum allowable rate for an owner-administrator under the state's Medicaid reimbursement rules.  The court shall determine the reasonableness of the trustee's personal compensation for other duties.  On the motion of any party, the court shall review the reasonableness of the trustee's fees.  The court shall reduce the amount if the court determines that the fees are not reasonable.(b)  The trustee may petition the court to order the release to the trustee of any payment owed the trustee for care and services provided to the residents if the payment has been withheld, including a payment withheld by the commission at the recommendation of the department.(c)  Withheld payments may include payments withheld by a governmental agency or other entity during the appointment of the trustee, such as payments:(1)  for Medicaid, Medicare, or insurance; (2)  by another third party;  or(3)  for medical expenses borne by the resident.(d)  If the department appoints a trustee under this subchapter for a veterans home as defined by Section 164.002, Natural Resources Code, the Veterans' Land Board is responsible for the trustee's fee under this section.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 439, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 166, Sec. 1, eff. May 27, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0624, eff. April 2, 2015.|
TX Health & Safety Code § 242.096 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.096. Nursing and Convalescent Home Trust Fund and Emergency Assistance Funds

Sec. 242.096.  NURSING AND CONVALESCENT HOME TRUST FUND AND EMERGENCY ASSISTANCE FUNDS.  (a)  The nursing and convalescent home trust fund is with the comptroller and shall be made available to the department for expenditures without legislative appropriation to make emergency assistance funds available to a home.(b)  A trustee of a home may use the emergency assistance funds only to alleviate an immediate threat to the health or safety of the residents.  The use may include payments for:(1)  food; (2)  medication; (3)  sanitation services; (4)  minor repairs; (5)  supplies necessary for personal hygiene;  or(6)  services necessary for the personal care, health, and safety of the residents.(c)  A court may order the department to disburse emergency assistance funds to a home if the court finds that:(1)  the home has inadequate funds accessible to the trustee for the operation of the home; (2)  there exists an emergency that presents an immediate threat to the health and safety of the residents;  and(3)  it is in the best interests of the health and safety of the residents that funds are immediately available.(d)  The department shall disburse money from the nursing and convalescent home trust fund as ordered by the court in accordance with department rules.(e)  Any unencumbered amount in the nursing and convalescent home trust fund in excess of $10,000,000 at the end of each fiscal year shall be transferred to the credit of the general revenue fund and may be appropriated only to the department for its use in administering and enforcing this chapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.20, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 10.04, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1019, Sec. 1, eff. Aug. 30, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0625, eff. April 2, 2015.|
TX Health & Safety Code § 242.0965 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.0965. Assisted Living Facility Trust Fund and Emergency Assistance Funds

Sec. 242.0965.  ASSISTED LIVING FACILITY TRUST FUND AND EMERGENCY ASSISTANCE FUNDS.  (a)  The assisted living facility trust fund is a trust fund with the comptroller and shall be made available to the department for expenditures without legislative appropriation to make emergency assistance funds available to an assisted living facility.(b)  A trustee of an assisted living facility may use the emergency assistance funds only to alleviate an immediate threat to the health or safety of the residents.  The use may include payments for:(1)  food;(2)  medication;(3)  sanitation services;(4)  minor repairs;(5)  supplies necessary for personal hygiene;  or(6)  services necessary for the personal care, health, and safety of the residents.(c)  A court may order the department to disburse emergency assistance funds to an assisted living facility if the court finds that:(1)  the assisted living facility has inadequate funds accessible to the trustee for the operation of the assisted living facility;(2)  an emergency exists that presents an immediate threat to the health and safety of the residents;  and(3)  it is in the best interests of the health and safety of the residents that funds are immediately available.(d)  The department shall disburse money from the assisted living facility trust fund as ordered by the court in accordance with department rules.(e)  Any unencumbered amount in the assisted living facility trust fund in excess of $500,000 at the end of each fiscal year shall be transferred to the credit of the general revenue fund.|Added by Acts 2001, 77th Leg., ch. 723, Sec. 1, eff. June 13, 2001; Acts 2001, 77th Leg., ch. 1248, Sec. 15, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0626, eff. April 2, 2015.|
TX Health & Safety Code § 242.097 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.097. Additional License Fee--Nursing and Convalescent Homes

Sec. 242.097.  ADDITIONAL LICENSE FEE--NURSING AND CONVALESCENT HOMES.  (a)  In addition to the license fee provided by Section 242.034, the executive commissioner by rule shall adopt an annual fee to be collected by the department if the amount of the nursing and convalescent home trust fund is less than $10,000,000.  The fee shall be deposited to the credit of the nursing and convalescent home trust fund created by this subchapter.(b)  The department may charge and collect a fee under this section more than once each year only if necessary to ensure that the amount in the nursing and convalescent home trust fund is sufficient to make the disbursements required under Section 242.096.  If the department makes a second or subsequent assessment under this subsection in any year, the department shall notify the governor and the members of the Legislative Budget Board.(c)  The executive commissioner shall set the fee for each nursing and convalescent home at $1 for each licensed unit of capacity or bed space in that home or in an amount necessary to provide not more than $10,000,000 in the fund.  The total fees assessed in a year may not exceed $20 for each licensed unit of capacity or bed space in a home.(d)  This section does not apply to a veterans home as defined by Section 164.002, Natural Resources Code.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.21, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1019, Sec. 2, eff. Aug. 30, 1999;  Acts 2001, 77th Leg., ch. 723, Sec. 2, eff. June 13, 2001;  Acts 2001, 77th Leg., ch;  1248, Sec. 16, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 166, Sec. 2, eff. May 27, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0627, eff. April 2, 2015.|
TX Health & Safety Code § 242.0975 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.0975. Additional License Fee--Assisted Living Facilities

Sec. 242.0975.  ADDITIONAL LICENSE FEE--ASSISTED LIVING FACILITIES.  (a)  In addition to the license fee provided by Section 247.024, the executive commissioner by rule shall adopt an annual fee to be collected by the department if the amount of the assisted living facility trust fund is less than $500,000. The fee shall be deposited to the credit of the assisted living facility trust fund created by this subchapter.(b)  The department may charge and collect a fee under this section more than once each year only if necessary to ensure that the amount in the assisted living facility trust fund is sufficient to make the disbursements required under Section 242.0965.  If the department makes a second or subsequent assessment under this subsection in any year, the department shall notify the governor and the Legislative Budget Board.(c)  The executive commissioner shall set the fee on the basis of the number of beds in assisted living facilities required to pay the fee and in an amount necessary to provide not more than $500,000 in the assisted living facility trust fund.|Added by Acts 2001, 77th Leg., ch. 723, Sec. 1, eff. June 13, 2001;  Acts 2001, 77th Leg., ch. 1248, Sec. 15, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10.003, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0628, eff. April 2, 2015.|
TX Health & Safety Code § 242.098 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.098. Reimbursement

Sec. 242.098.  REIMBURSEMENT.  (a)  A home that receives emergency assistance funds under this subchapter shall reimburse the department for the amounts received, including interest.(b)  Interest on unreimbursed amounts begins to accrue on the date on which the funds were disbursed to the home.  The rate of interest is the rate determined under Section 304.003, Finance Code, to be applicable to judgments rendered during the month in which the money was disbursed to the home.(c)  The owner of the home when the trustee was appointed is responsible for the reimbursement.(d)  The amount that remains unreimbursed on the expiration of one year after the date on which the funds were received is delinquent and the department may determine that the home is ineligible for a Medicaid provider contract.(e)  The department shall deposit the reimbursement and interest received under this section to the credit of the nursing and convalescent home trust fund.(f)  The attorney general shall institute an action to collect the funds due under this section at the request of the department.  Venue for an action brought under this section is in Travis County.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1396, Sec. 35, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 7.64, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0629, eff. April 2, 2015.|
TX Health & Safety Code § 242.099 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.099. Applicability of Other Law

Sec. 242.099.  APPLICABILITY OF OTHER LAW.  Subtitle D, Title 10, Government Code  does not apply to any payments made by a trustee under this subchapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(13), eff. Sept. 1, 1997.|
TX Health & Safety Code § 242.100 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.100. Notification of Closing

Sec. 242.100.  NOTIFICATION OF CLOSING.  (a)  A home that is closing temporarily or permanently, or voluntarily or involuntarily, shall notify the residents of the closing and make reasonable efforts to notify in writing each resident's nearest relative or the person responsible for the resident's support within a reasonable time before the closing.(b)  If the closing of a home is ordered by the department or is in any other way involuntary, the home shall make the notification, orally or in writing, immediately on receiving notice of the closing.(c)  If the closing of a home is voluntary, the home shall make the notification not later than one week after the date on which the decision to close is made.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 242.101 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.101. Criminal Penalty

Sec. 242.101.  CRIMINAL PENALTY.  (a)  A home commits an offense if the home fails or refuses to comply with Section 242.100.(b)  An offense under this section is a Class A misdemeanor.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 242.102 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter D. Trustees for Nursing or Convalescent Homes|Section 242.102. Ineligibility for License

Sec. 242.102.  INELIGIBILITY FOR LICENSE.  (a)  A license holder or controlling person who operates a home for which a trustee is appointed under this subchapter and with respect to which emergency assistance funds, other than funds used to pay the expenses of the trustee, are used under this subchapter is subject to exclusion from eligibility for:(1)  issuance of an original license for a home for which the person has not previously held a license;  or(2)  renewal of the license for the home for which the trustee is appointed.(b)  Exclusion under this section is governed by Section 242.0615.|Added by Acts 1999, 76th Leg., ch. 439, Sec. 3, eff. Sept. 1, 1999.|
TX Health & Safety Code § 242.151 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter F. Medical, Nursing, and Dental Services Other Than Administration of Medication|Section 242.151. Physician Services

Sec. 242.151.  PHYSICIAN SERVICES.  (a)  An institution shall have at least one medical director who is licensed as a physician in this state.(b)  The attending physician is responsible for a resident's assessment and comprehensive plan of care and shall review, revise, and sign orders relating to any medication or treatment in the plan of care.  The responsibilities imposed on the attending physician by this subsection may be performed by an advanced practice nurse or a physician assistant pursuant to protocols jointly developed with the attending physician.(c)  Each resident has the right to choose a personal attending physician.|Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.|
TX Health & Safety Code § 242.152 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter F. Medical, Nursing, and Dental Services Other Than Administration of Medication|Section 242.152. Physician Services for Residents Younger Than 18 Years of Age

Sec. 242.152.  PHYSICIAN SERVICES FOR RESIDENTS YOUNGER THAN 18 YEARS OF AGE.  (a)  An institution shall use appropriate pediatric consultative services for a resident younger than 18 years of age, in accordance with the resident's assessment and comprehensive plan of care.(b)  A pediatrician or other physician with training or expertise in the clinical care of children with complex medical needs shall participate in all aspects of the resident's medical care.|Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.|
TX Health & Safety Code § 242.153 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter F. Medical, Nursing, and Dental Services Other Than Administration of Medication|Section 242.153. Director of Nursing Services

Sec. 242.153.  DIRECTOR OF NURSING SERVICES.  An institution shall have a director of nursing services who shall be a registered nurse.  The director of nursing services is responsible for:(1)  coordinating each resident's comprehensive plan of care;  and(2)  ensuring that only personnel with an appropriate license or permit administer medication.|Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.|
TX Health & Safety Code § 242.154 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 242 - Convalescent and Nursing Facilities and Related Institutions|Subchapter F. Medical, Nursing, and Dental Services Other Than Administration of Medication|Section 242.154. Nursing Services

Sec. 242.154.  NURSING SERVICES.  (a)  An institution shall provide the nursing care required to allow each resident to achieve and maintain the highest possible degree of function and independence medically possible.(b)  The institution shall maintain sufficient staff to provide nursing and related services:(1)  in accordance with each resident's plan of care;  and(2)  to obtain and maintain the physical, mental, and psychosocial functions of each resident at the highest practicable level, as determined by the resident's assessment and plan of care.|Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.|