reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 246.041 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.041. Precontractual Recording Requirements

Sec. 246.041.  PRECONTRACTUAL RECORDING REQUIREMENTS.  (a)  A provider shall file with the board a current disclosure statement that meets the requirements of this subchapter and shall file copies of the agreements establishing the escrows under Subchapter D or a verified statement explaining that an escrow is not required before the provider:(1)  contracts to provide continuing care to a resident in this state;(2)  extends the term of an existing continuing care contract with a resident in this state that requires or allows an entrance fee from any person, regardless of whether the extended contract requires an entrance fee; or(3)  including a person acting on the provider's behalf, solicits for an individual who is a resident of this state a continuing care contract in this state.(b)  A contract is solicited in this state if, during the 12-month period preceding the date on which a continuing care contract for a facility is signed or accepted by either party, information concerning the facility or the availability of a continuing care contract for the facility is given:(1)  by personal, telephone, mail, or other communication directed to and received by a person at a location in this state;  or(2)  in a paid advertisement published or broadcast from within this state, other than in a publication in which more than two-thirds of the circulation is outside this state.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 3, eff. June 19, 2015.|
TX Health & Safety Code § 246.042 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.042. Delivery of Disclosure Statement

Sec. 246.042.  DELIVERY OF DISCLOSURE STATEMENT.  (a)  A provider who has not been issued a certificate of authority under Subchapter B  must deliver a disclosure statement to any person from whom the provider accepts a deposit in connection with a reservation agreement before the provider accepts the deposit.(b)  A provider who has been issued a certificate of authority under Subchapter B must deliver a disclosure statement to a person with whom a continuing care contract is to be made before the earlier of:(1)  the execution of the continuing care contract;  or(2)  the transfer of any entrance fee or nonrefundable deposit to the provider by or on behalf of the person.(c)  The most recently filed disclosure statement is the only statement that:(1)  is current for purposes of this chapter;  and(2)  may be delivered under this section.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 953, Sec. 3, eff. Sept. 1, 1993.|
TX Health & Safety Code § 246.043 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.043. Cover Page of Disclosure Statement

Sec. 246.043.  COVER PAGE OF DISCLOSURE STATEMENT.  The cover page of a disclosure statement must state:(1)  the date of the statement in a prominent location and in type that is boldfaced, capitalized, underlined, or otherwise set out from the surrounding written material so as to be conspicuous;(2)  that if the provider has not been issued a certificate of authority under Subchapter B, this chapter requires the delivery of a disclosure statement to a prospective resident before the payment of any deposit to reserve a living unit;(3)  that this chapter requires the delivery of a disclosure statement to a contracting party before the execution of a continuing care contract or the payment of an entrance fee or nonrefundable deposit;  and(4)  that the disclosure statement has not been approved by a governmental agency or representative to ensure the accuracy of its information.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 98, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 953, Sec. 4, eff. Sept. 1, 1993.|
TX Health & Safety Code § 246.044 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.044. Contents of Disclosure Statement: Provider

Sec. 246.044.  CONTENTS OF DISCLOSURE STATEMENT:  PROVIDER.  (a)  The disclosure statement must include the name and business address of the provider and a statement of whether the provider is a partnership, corporation, or other type of legal entity.  If the provider is not an individual, the statement must include:(1)  the name and business address of each officer, director, trustee, and managing or general partner;  and(2)  the name and business address of each person who has at least a 10 percent interest in the provider and a description of the person's interest in or occupation with the provider.(b)  The provider may include in the disclosure statement any other material information concerning the facility or the provider.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.045 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.045. Contents of Disclosure Statement: Third Party Management

Sec. 246.045.  CONTENTS OF DISCLOSURE STATEMENT:  THIRD PARTY MANAGEMENT.  If a person, other than an individual directly employed by the provider, is to be the day-to-day manager of a facility, the disclosure statement must include:(1)  a description of the person's business experience, if any, in the operation or management of a similar facility; (2)  the name and address of any professional service, firm, association, trust, partnership, or corporation that:(A)  has in the person, or in which the person has, at least a 10 percent interest;  and(B)  proposes to provide goods, leases, or services to the facility or to the residents of the facility, of an aggregate value of at least $500 in a year; (3)  a description of any goods, leases, or services under Subdivision (2), and a statement of their probable or anticipated cost to the facility, provider, or residents, or a statement that their cost cannot be estimated;  and(4)  a description of any matter in which the person:(A)  has been convicted of a felony, pleaded nolo contendere to a felony charge, or has been held liable or enjoined in a civil action by final judgment, if the felony or civil action involved fraud, embezzlement, fraudulent conversion, or misappropriation of property; (B)  is subject to an injunction or restrictive order of a court of record;  or(C)  has had any state or federal license or permit suspended or revoked as a result of an action brought by a governmental agency if the order or action arose out of or was related to a business activity in a health care field, including an action affecting a license to operate a foster care facility, a nursing home, a retirement home, a home for the aged, or a facility subject to this chapter or a similar statute in another state.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.046 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.046. Contents of Disclosure Statement: Affiliation With Nonprofit Organization

Sec. 246.046.  CONTENTS OF DISCLOSURE STATEMENT:  AFFILIATION WITH NONPROFIT ORGANIZATION.  The disclosure statement must state whether the provider is affiliated with a religious, charitable, or other nonprofit organization, and if so, the statement must:(1)  describe the extent of the affiliation; (2)  explain the extent to which the organization is responsible for the financial and contractual obligations of the provider;  and(3)  cite any provision of the Internal Revenue Code of 1986 under which the provider or affiliate claims to be exempt from the payment of income tax.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.047 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.047. Contents of Disclosure Statement: Physical Property

Sec. 246.047.  CONTENTS OF DISCLOSURE STATEMENT:  PHYSICAL PROPERTY.  (a)  The disclosure statement must provide the location and a description of the proposed or existing physical property of the facility.(b)  If the physical property of the facility is proposed, the disclosure statement must state:(1)  the estimated completion date; (2)  whether construction has begun;  and(3)  any contingencies under which construction may be deferred.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.048 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.048. Contents of Disclosure Statement: Contracts and Fees

Sec. 246.048.  CONTENTS OF DISCLOSURE STATEMENT: CONTRACTS AND FEES.  The disclosure statement must describe:(1)  the services provided under a continuing care contract, including:(A)  the extent to which medical care is furnished; and(B)  those services that are included for specified basic fees for continuing care and those services that are made available at extra charge;(2)  all fees required of residents, including the entrance fee and any periodic charges;(3)  the conditions under which a continuing care contract may be canceled by the provider or the resident;(4)  any conditions under which all or part of the entrance fee is refundable on cancellation of the contract by the provider or the resident, or by the death of the resident before or during the occupancy of a living unit or otherwise before or during the term of the contract; and(5)  the manner by which the provider may adjust periodic charges or other recurring fees and any limitations on those adjustments.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 4, eff. June 19, 2015.|
TX Health & Safety Code § 246.049 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.049. Contents of Disclosure Statement: Change of Circumstances

Sec. 246.049.  CONTENTS OF DISCLOSURE STATEMENT:  CHANGE OF CIRCUMSTANCES.  The disclosure statement for a continuing care contract to provide continuing care in a living unit of a facility must state:(1)  the policy of the facility regarding changes in the number of people residing in a living unit because of marriage or other relationships; (2)  the policy of the facility relating to the admission of a spouse to the facility and the consequences if the spouse does not meet the requirements for admission; (3)  the conditions under which a living unit occupied by a resident may be made available by the facility to a different resident other than on the death of the previous resident;  and(4)  the health and financial conditions required for acceptance as a resident and for continuation as a resident, including the effect of any change in the health or financial condition of an individual between the date of the continuing care contract and the date on which the individual initially occupies a living unit.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 5, eff. June 19, 2015.|
TX Health & Safety Code § 246.050 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.050. Contents of Disclosure Statement: Financial Information

Sec. 246.050.  CONTENTS OF DISCLOSURE STATEMENT:  FINANCIAL INFORMATION.  (a)  The disclosure statement must:(1)  describe any provisions made or to be made to provide reserve funding or security to enable the provider to fully perform its obligations under a continuing care contract, including:(A)  the establishment of escrow accounts, trusts, or reserve funds and the manner in which those funds will be invested; and(B)  the name and experience of any individual in the direct employment of the provider who will make the investment decisions; and(2)  provide financial statements of the provider, including:(A)  a balance sheet as of the end of the most recent fiscal year; and(B)  income statements and a statement of cash flow for each of the three most recent fiscal years that the provider has been in existence.(b)  Financial statements required by Subsection (a)(2) must be prepared in accordance with generally accepted accounting principles and must be audited by an independent certified public accountant, who shall state in the audit report whether the financial statements were prepared in accordance with those principles.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 99, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 6, eff. June 19, 2015.|
TX Health & Safety Code § 246.051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.051. Contents of Disclosure Statement: Annual Income Statements

Sec. 246.051.  CONTENTS OF DISCLOSURE STATEMENT:  ANNUAL INCOME STATEMENTS.  The disclosure statement must contain estimated annual income statements for the facility for at least five fiscal years, including:(1)  anticipated earning on any cash reserves;(2)   estimates of net receipts from entrance fees, other than entrance fees included in the statement of anticipated source and application of funds required under Section 246.052, minus estimated entrance fee refunds, including a description of the actuarial basis and method of computation for the projection of entrance fee receipts;(3)   an estimate of gifts or bequests to be relied on to meet operating expenses;(4)   a projection of estimated income from fees and charges, excluding entrance fees, that:(A)  states individual rates anticipated to be charged;  and(B)  includes a description of the assumptions used for computing the estimated occupancy rate of the facility and the effect on the income of the facility of any government subsidies for health care services to be provided under the continuing care contract;(5)   a projection of the facility's operating expenses, including:(A)  a description of the assumptions used in computing the expenses;  and(B)  a separate allowance for the replacement of equipment and furnishings and anticipated major structural repairs or additions;  and(6)   an estimate of annual payments of principal and interest required by a mortgage loan or other long-term financing arrangement relating to the facility.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 100, eff. Sept. 1, 1991.|
TX Health & Safety Code § 246.052 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.052. Contents of Disclosure Statement: Anticipated Source and Application of Funds

Sec. 246.052.  CONTENTS OF DISCLOSURE STATEMENT:  ANTICIPATED SOURCE AND APPLICATION OF FUNDS.  If a facility has not begun operation, the disclosure statement must include a statement of the anticipated source and application of the funds to be used in the purchase or construction of the facility, including:(1)  an estimate of the cost of purchasing or constructing and of equipping the facility, including financing expenses, legal expenses, land costs, occupancy development costs, and similar costs that the provider expects to incur or to become obligated to pay before operations begin; (2)  a description of any mortgage loan or other long-term financing arrangement for the facility, including the anticipated terms and costs of the financing; (3)  an estimate of the total entrance fees to be received from, or on behalf of, residents before the operation of the facility begins;  and(4)  an estimate of any funds anticipated to be necessary to cover initial losses and to provide reserve funds to assure full performance of the obligations of the provider under a continuing care contract.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.053 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.053. Standard Contract Form

Sec. 246.053.  STANDARD CONTRACT FORM.  (a)  A copy of the standard contract form used by a provider must be attached as an exhibit to each disclosure statement.(b)  The standard contract form must specify the refund provisions of Sections 246.056 and 246.057.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 101, eff. Sept. 1, 1991.|
TX Health & Safety Code § 246.054 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.054. Annual Disclosure Statement Revision

Sec. 246.054.  ANNUAL DISCLOSURE STATEMENT REVISION.  (a)  A provider shall file a revised disclosure statement with the board not later than the 120th day after the date on which the provider's fiscal year ends.(b)  The revised disclosure statement must revise, as of the end of the provider's fiscal year, the information required by this subchapter.(c)  The revised disclosure statement must describe any material differences between:(1)  the estimated income statements filed under Section 246.052 as a part of the disclosure statement filed after the start of the provider's most recently completed fiscal year;  and(2)  the actual result of operations during that fiscal year with the revised estimated income statements filed as a part of the revised disclosure statement.(d)  A provider may revise its disclosure statement and may file the revised disclosure statement at any other time if, in the provider's opinion, revision is necessary to prevent a disclosure statement from containing a material misstatement of fact or omitting a material fact required to be included in the disclosure statement.(e)  The commissioner shall review the disclosure statement for completeness but is not required to review the disclosure statement for accuracy.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.055 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.055. Advertisement in Conflict With Disclosures

Sec. 246.055.  ADVERTISEMENT IN CONFLICT WITH DISCLOSURES.  A provider may not engage in any type of advertisement for a continuing care contract or facility if the advertisement contains a statement or representation in conflict with the disclosures required under this subchapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 246.056 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 246 - Continuing Care Facilities|Subchapter C. Continuing Care Contracts and Disclosure Statements|Section 246.056. Rescission of Contract; Required Language

Sec. 246.056.  RESCISSION OF CONTRACT;  REQUIRED LANGUAGE.  (a)  A person who executes a continuing care contract with a provider may rescind the contract at any time before the later of midnight of the seventh day, or a later day if specified in the contract:(1)  after the date on which the continuing care contract is executed;  or(2)  after the date on which the person receives a disclosure statement that meets the requirements of this subchapter.(b)  A resident who executes a continuing care contract to provide continuing care in a living unit of a facility may not be required to move into the facility before the expiration of the period during which the contract may be rescinded.(c)  If a continuing care contract is rescinded under this section, any money or property transferred to the provider, other than periodic charges specified in the contract and applicable only to the period a living unit was actually occupied by the resident, shall be refunded not later than the 30th day after the date of rescission.(d)  Each continuing care contract must include the following statement or a substantially equivalent statement in type that is boldfaced, capitalized, underlined, or otherwise set out from the surrounding written material so as to be conspicuous: "You may cancel this contract at any time prior to midnight of the seventh day, or a later day if specified in the contract, after the date on which you sign this contract or you receive the facility's disclosure statement, whichever occurs later.  If you elect to cancel the contract, you must do so by written notice and you will be entitled to receive a refund of all assets transferred other than periodic charges applicable to your occupancy of a living unit."(e)  Each continuing contract also must include the following statement in type that is boldfaced, capitalized, underlined, or otherwise set out from the surrounding written material so as to be conspicuous: "This document, if executed, constitutes a legal and binding contract between you and __________.  You may wish to consult a legal or financial advisor before signing, although it is not required that you do so to make this contract binding."|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 102, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 953, Sec. 5, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 7, eff. June 19, 2015.|