reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 243.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 243 - Ambulatory Surgical Centers|Subchapter A. General Provisions; Licensing and Penalties|Section 243.007. Fee Amounts

Sec. 243.007.  FEE AMOUNTS.  The executive commissioner by rule shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this chapter and as prescribed by Section 12.0111.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0671, eff. April 2, 2015.|
TX Health & Safety Code § 243.008 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 243 - Ambulatory Surgical Centers|Subchapter A. General Provisions; Licensing and Penalties|Section 243.008. Deposit of Fees

Sec. 243.008.  DEPOSIT OF FEES.  All fees collected under this chapter shall be deposited in the state treasury to the credit of the general revenue fund.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0672, eff. April 2, 2015.|
TX Health & Safety Code § 243.009 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 243 - Ambulatory Surgical Centers|Subchapter A. General Provisions; Licensing and Penalties|Section 243.009. Adoption of Rules

Sec. 243.009.  ADOPTION OF RULES.  The executive commissioner shall adopt rules necessary to implement this chapter, including requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an ambulatory surgical center.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0673, eff. April 2, 2015.|
TX Health & Safety Code § 243.010 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 243 - Ambulatory Surgical Centers|Subchapter A. General Provisions; Licensing and Penalties|Section 243.010. Minimum Standards

Sec. 243.010.  MINIMUM STANDARDS.  (a)  The rules must contain minimum standards applicable to an ambulatory surgical center and for:(1)  the construction and design, including plumbing, heating, lighting, ventilation, and other design standards necessary to ensure the health and safety of patients; (2)  the qualifications of the professional staff and other personnel; (3)  the equipment essential to the health and welfare of the patients; (4)  the sanitary and hygienic conditions within the center and its surroundings;  and(5)  a quality assurance program for patient care.(b)  Standards set under this section may not exceed the minimum standards for certification of ambulatory surgical centers under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.).(c)  This section does not authorize the executive commissioner to:(1)  establish the qualifications of a licensed practitioner; or(2)  permit a person to provide health care services who is not authorized to provide those services under another state law.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0674, eff. April 2, 2015.|
TX Health & Safety Code § 243.011 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 243 - Ambulatory Surgical Centers|Subchapter A. General Provisions; Licensing and Penalties|Section 243.011. Denial, Suspension, Probation, or Revocation of License

Sec. 243.011.  DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE.  (a)  The department may deny, suspend, or revoke a license for a violation of this chapter or a rule adopted under this chapter.(b)  The denial, suspension, or revocation of a license by the department and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.(c)  If the department finds that an ambulatory surgical center is in repeated noncompliance with this chapter or rules adopted under this chapter but that the noncompliance does not endanger public health and safety, the department may schedule the center for probation rather than suspending or revoking the center's license.  The department shall provide notice to the center of the probation and of the items of noncompliance not later than the 10th day before the date the probation period begins.  The department shall designate a period of not less than 30 days during which the center will remain under probation.  During the probation period, the center must correct the items that were in noncompliance and report the corrections to the department for approval.(d)  The department may suspend or revoke the license of an ambulatory surgical center that does not correct items that were in noncompliance or that does not comply with this chapter or the rules adopted under this chapter within the applicable probation period.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 802, Sec. 3, 4, eff. June 20, 2003.|
TX Health & Safety Code § 243.0115 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 243 - Ambulatory Surgical Centers|Subchapter A. General Provisions; Licensing and Penalties|Section 243.0115. Emergency Suspension

Sec. 243.0115.  EMERGENCY SUSPENSION.  The department may issue an emergency order to suspend a license issued under this chapter if the department has reasonable cause to believe that the conduct of a license holder creates an immediate danger to the public health and safety.  An emergency suspension is effective immediately without a hearing on notice to the license holder.  On written request of the license holder to the department for a hearing, the department shall refer the matter to the State Office of Administrative Hearings. An administrative law judge of the office shall conduct a hearing not earlier than the 10th day or later than the 30th day after the date the hearing request is received by the department to determine if the emergency suspension is to be continued, modified, or rescinded.  The hearing and any appeal are governed by the department's rules for a contested case hearing and Chapter 2001, Government Code.|Added by Acts 1999, 76th Leg., ch. 1546, Sec. 2, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0675, eff. April 2, 2015.|
TX Health & Safety Code § 243.012 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 243 - Ambulatory Surgical Centers|Subchapter A. General Provisions; Licensing and Penalties|Section 243.012. Injunction

Sec. 243.012.  INJUNCTION.  (a)  The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided under this chapter if the department finds that the violation creates an immediate threat to the health and safety of the patients of an ambulatory surgical center.(b)  A district court, on petition of the department and on a finding by the court that a person is violating the standards or licensing requirements provided under this chapter, may by injunction:(1)  prohibit a person from continuing a violation of the standards or licensing requirements provided under this chapter; (2)  restrain or prevent the establishment or operation of an ambulatory surgical center without a license issued under this chapter;  or(3)  grant any other injunctive relief warranted by the facts.(c)  The attorney general shall institute and conduct a suit authorized by this section at the request of the department.(d)  Venue for a suit brought under this section is in the county in which the ambulatory surgical center is located or in Travis County.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 243.013 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 243 - Ambulatory Surgical Centers|Subchapter A. General Provisions; Licensing and Penalties|Section 243.013. Criminal Penalty

Sec. 243.013.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 243.003(a).(b)  An offense under this section is a Class C misdemeanor.(c)  Each day of a continuing violation constitutes a separate offense.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 243.014 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 243 - Ambulatory Surgical Centers|Subchapter A. General Provisions; Licensing and Penalties|Section 243.014. Civil Penalty

Sec. 243.014.  CIVIL PENALTY.  (a)  A person who violates this chapter or who fails to comply with a rule adopted under this chapter is liable for a civil penalty of not less than $100 or more than $500 for each violation if the department determines the violation threatens the health and safety of a patient.(b)  Each day of a continuing violation constitutes a separate ground for recovery.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 243.017 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 243 - Ambulatory Surgical Centers|Subchapter A. General Provisions; Licensing and Penalties|Section 243.017. Compliance With Certain Requirements Regarding Sonogram Before Abortion

Sec. 243.017.  COMPLIANCE WITH CERTAIN REQUIREMENTS REGARDING SONOGRAM BEFORE ABORTION.  An ambulatory surgical center shall comply with Subchapter B, Chapter 171.|Added by Acts 2011, 82nd Leg., R.S., Ch. 73 (H.B. 15), Sec. 7, eff. September 1, 2011.|
TX Health & Safety Code § 246.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter A. General Provisions|Section 246.001. Short Title

Sec. 246.001.  SHORT TITLE.  This chapter may be cited as the Texas Continuing Care Facility Disclosure and Rehabilitation Act.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter A. General Provisions|Section 246.002. Definitions

Sec. 246.002.  DEFINITIONS.  In this chapter:(1)  "Board" means the State Board of Insurance.(2)  "Commissioner" means the commissioner of the State Board of Insurance.(3)  Redesignated by Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 1, eff. June 19, 2015.(4)  "Continuing care contract" means an agreement that requires the payment of an entrance fee by or on behalf of a resident in exchange for the furnishing of continuing care by a provider and that is effective for:(A)  the life of the resident;  or(B)  more than one year.(5)  "Entrance fee" means an initial or deferred transfer of money or other property valued at an amount exceeding three months' payments for rent or services, made, or promised to be made, as full or partial consideration for acceptance by a provider of a specified individual entitled to receive continuing care under a continuing care contract. The term does not include a deposit made under a reservation agreement.(6)  "Facility" means an establishment that provides continuing care to an individual.  The term does not include an individual's residence if the residence is not a living unit provided by a provider.(7)  "Living unit" means a room, apartment, cottage, or other area that is in a facility and that is set aside for the exclusive use or control of one or more specified individuals.(8)  "Long-term nursing care" means nursing care provided for a period longer than 365 consecutive days.(9)  "Person" means an individual, corporation, association, or partnership, and includes a fraternal or benevolent order or society.(10)  "Provider" means a person who undertakes to provide continuing care under a continuing care contract to a resident.(11)  "Reservation agreement" means an agreement that requires the payment of a deposit to reserve a living unit for a prospective resident.(12)  "Resident" means an individual entitled to receive continuing care under this chapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 95, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 561, Sec. 31, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 953, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.Redesignated and amended from Health and Safety Code, Section 246.002(3) by Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 1, eff. June 19, 2015.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 2, eff. June 19, 2015.|
TX Health & Safety Code § 246.0025 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter A. General Provisions|Section 246.0025. Definition of Continuing Care

Sec. 246.0025.  DEFINITION OF CONTINUING CARE.  (a) In this chapter, "continuing care" means the furnishing of a living unit, together with personal care services, nursing services, medical services, or other health-related services, regardless of whether the services and the living unit are provided at the same location:(1)  to an individual who is not related by consanguinity or affinity, as determined under Chapter 573, Government Code, to the person furnishing the care; and(2)  under a continuing care contract.(b)  The term "continuing care" includes the furnishing of services described by Subsection (a) to an individual in the individual's residence or otherwise enabling the individual to remain in the individual's residence. |Redesignated and amended from Health and Safety Code, Section 246.002(3) by Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 1, eff. June 19, 2015.|
TX Health & Safety Code § 246.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter A. General Provisions|Section 246.003. Board Powers and Duties

Sec. 246.003.  BOARD POWERS AND DUTIES.  (a)  The board shall regulate providers as provided by this chapter.(b)  The board may adopt rules and take other action as necessary to administer and enforce this chapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter A. General Provisions|Section 246.004. Rights of Residents

Sec. 246.004.  RIGHTS OF RESIDENTS.  A resident receiving care in a portion of a facility licensed to provide nursing home care, personal care, or custodial care is entitled to all statutory rights provided to a nursing home, personal care, or custodial care resident.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter A. General Provisions|Section 246.005. Licensing for Certain Tax Purposes

Sec. 246.005.  LICENSING FOR CERTAIN TAX PURPOSES.  A facility regulated under this chapter is licensed for purposes of Section 151.314, Tax Code.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter A. General Provisions|Section 246.006. Quality of Care

Sec. 246.006.  QUALITY OF CARE.  The commissioner may not regulate or in any manner inquire into the quality of care provided in a facility.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter A. General Provisions|Section 246.007. Reduction of Fees

Sec. 246.007.  REDUCTION OF FEES.  The commissioner shall reduce the annual filing fees under this chapter if the cumulative amount of the fees exceeds the actual cost of regulation.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.021 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter B. Certificate of Authority|Section 246.021. Certificate of Authority Required

Sec. 246.021.  CERTIFICATE OF AUTHORITY REQUIRED.  Unless a provider holds a certificate of authority issued under this subchapter, the provider may not:(1)  acquire a facility;(2)  enter into a continuing care contract;  or(3)  enter into a reservation agreement unless the agreement provides for the full refund, for any reason, of a deposit paid in connection with the agreement.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 953, Sec. 2, eff. Sept. 1, 1993.|
TX Health & Safety Code § 246.022 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter B. Certificate of Authority|Section 246.022. Application for and Issuance of Certificate of Authority

Sec. 246.022.  APPLICATION FOR AND ISSUANCE OF CERTIFICATE OF AUTHORITY.  (a)  The commissioner shall adopt rules stating the information an applicant for a certificate of authority must submit.(b)  On receiving an application for a certificate of authority, the commissioner shall conduct a hearing on the application.(c)  The commissioner shall grant an application for a certificate of authority if the commissioner finds that:(1)  the applicant or the facility is financially sound; (2)  the competence, experience, and integrity of the applicant, its board of directors, its officers, or its management make it in the public interest to issue the certificate;  and(3)  the applicant is capable of complying with this chapter.(d)  The commissioner shall issue an order approving or disapproving an application not later than the 180th day after the date on which the application is filed.(e)  The commissioner may limit issuance of certificates of authority to incorporated entities only.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.023 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter B. Certificate of Authority|Section 246.023. Mandatory Issuance of Certificate of Authority to Certain Facilities

Sec. 246.023.  MANDATORY ISSUANCE OF CERTIFICATE OF AUTHORITY TO CERTAIN FACILITIES.  (a)  The commissioner shall issue a certificate of authority for a facility that:(1)  was occupied by at least one resident on September 1, 1987; (2)  was under construction on September 1, 1987;  or(3)  incurred substantial financial obligations before September 1, 1987, related to the development of the facility.(b)  A certificate of authority issued under this section may be suspended or revoked as any other certificate.(c)  This section prevails over Section 246.022.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.024 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter B. Certificate of Authority|Section 246.024. Transfer of Certificate of Authority

Sec. 246.024.  TRANSFER OF CERTIFICATE OF AUTHORITY.  A certificate of authority may not be transferred without the prior approval of the commissioner.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 96, eff. Sept. 1, 1991.|
TX Health & Safety Code § 246.025 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter B. Certificate of Authority|Section 246.025. Suspension or Revocation of Certificate of Authority

Sec. 246.025.  SUSPENSION OR REVOCATION OF CERTIFICATE OF AUTHORITY.  The commissioner may suspend or revoke a provider's certificate of authority if the provider:(1)  draws on its entrance fee escrow in an amount greater than provided for by Section 246.073;(2)  draws on its loan reserve fund escrow in an amount greater than provided for by Section 246.078;  or(3)  intentionally violates this chapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 97, eff. Sept. 1, 1991.|
TX Health & Safety Code § 246.026 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter B. Certificate of Authority|Section 246.026. Management by Others

Sec. 246.026.  MANAGEMENT BY OTHERS.  A holder of a certificate of authority may not contract for management of the facility unless the commissioner is notified of the contract.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.027 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter B. Certificate of Authority|Section 246.027. Certificate of Authority Fees

Sec. 246.027.  CERTIFICATE OF AUTHORITY FEES.  (a)  Except as provided by Subsection (b), a facility that files an application for a certificate of authority must pay to the commissioner a fee of $10,000.(b)  A facility that files an application for a certificate of authority issued under Section 246.023 must pay to the commissioner:(1)  a fee of $500;  and(2)  a fee of $2 for each living unit in the facility, excluding a unit devoted to that portion of the facility that is a licensed nursing home.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|