reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 252.032 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.032. License Application

Sec. 252.032.  LICENSE APPLICATION.  (a)  An application for a license is made to the department on a form provided by the department and must be accompanied by the license fee adopted under Section 252.034.(b)  The application must contain information that the department requires.  The department may require affirmative evidence of ability to comply with the standards and rules adopted under this chapter.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.033 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.033. Issuance and Renewal of License

Sec. 252.033.  ISSUANCE AND RENEWAL OF LICENSE.  (a)  After receiving the application, the commission shall issue a license if, after inspection and investigation, it finds that the applicant and facility meet the requirements established under this chapter.(b)  The commission may issue a license only for:(1)  the premises and persons or governmental unit named in the application; and(2)  the maximum number of beds specified in the application.(c)  A license may not be transferred or assigned.(d)  A license is renewable on the third anniversary of issuance or renewal of the license after:(1)  an inspection;(2)  filing and approval of a renewal report; and(3)  payment of the renewal fee.(e)  The renewal report required under Subsection (d)(2) must be filed in accordance with rules adopted by the executive commissioner that specify the form of the report, the date it must be submitted, and the information it must contain.(f)  The commission may not issue a license for new beds or an expansion of an existing facility under this chapter unless the addition of new beds or the expansion is included in the plan approved by the commission in accordance with Section 533A.062.(g)  A license or renewal fee imposed under this chapter is an allowable cost for reimbursement under the state Medicaid program.  An increase in the amount of a fee shall be reflected in reimbursement rates prospectively.(h)  The executive commissioner by rule shall:(1)  define specific, appropriate, and objective criteria on which the commission may deny an initial license application or license renewal or revoke a license; and(2)  adopt a system under which:(A)  licenses expire on staggered dates during each three-year period; and(B)  the commission prorates the license fee as appropriate if the expiration date of a license changes as a result of the system adopted under Paragraph (A).|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 534, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0778, eff. April 2, 2015.Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 12, eff. September 1, 2017.|
TX Health & Safety Code § 252.034 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.034. License Fees

Sec. 252.034.  LICENSE FEES.  (a)  The executive commissioner by rule may adopt a fee for a license issued under this chapter.  The fee may not exceed $225 plus $7.50 for each unit of capacity or bed space for which the license is sought.(b)  The license fee must be paid with each application for an initial license or for a renewal or change of ownership of a license.(c)  A facility operated by the state is not required to pay a license fee.(d)  The executive commissioner by rule may adopt an additional fee for the approval of an increase in bed space.(e)  All license fees collected under this section shall be deposited in the state treasury to the credit of the commission and may be appropriated to the commission to administer and enforce this chapter.(f)  An applicant who submits an application for license renewal later than the 45th day before the expiration date of a current license is subject to a late fee in accordance with commission rules.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 19, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0779, eff. April 2, 2015.Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 13, eff. September 1, 2017.|
TX Health & Safety Code § 252.035 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.035. Denial, Suspension, or Revocation of License

Sec. 252.035.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.  (a)  The department, after providing notice and opportunity for a hearing to the applicant or license holder, may deny, suspend, or revoke a license if the department finds that the applicant or license holder has substantially failed to comply with the requirements established under this chapter.(b)  The status of an applicant for a license or a license holder is preserved until final disposition of the contested matter, except as the court having jurisdiction of a judicial review of the matter may order in the public interest for the welfare and safety of the residents.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.036 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.036. Minimum Standards

Sec. 252.036.  MINIMUM STANDARDS.  (a)  The executive commissioner may adopt minimum standards relating to:(1)  the construction or remodeling of a facility, including plumbing, heating, lighting, ventilation, and other housing conditions, to ensure the residents' health, safety, comfort, and protection from fire hazard;(2)  sanitary and related conditions in a facility and its surroundings, including water supply, sewage disposal, food handling, and general hygiene in order to ensure the residents' health, safety, and comfort;(3)  equipment essential to the residents' health and welfare;(4)  the reporting and investigation of injuries, incidents, and unusual accidents and the establishment of other policies and procedures necessary to ensure resident safety;(5)  behavior management, including use of seclusion and physical restraints;(6)  policies and procedures for the control of communicable diseases in employees and residents;(7)  the use and administration of medication in conformity with applicable law and rules for pharmacy services;(8)  specialized nutrition support such as delivery of enteral feedings and parenteral nutrients;(9)  requirements for in-service education of each employee who has any contact with residents;(10)  the regulation of the number and qualification of all personnel, including management and professional support personnel, responsible for any part of the care given to residents; and(11)  the quality of life and the provision of active treatment to residents.(b)  The department shall enforce the adopted minimum standards.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0780, eff. April 2, 2015.|
TX Health & Safety Code § 252.037 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.037. Reasonable Time to Comply

Sec. 252.037.  REASONABLE TIME TO COMPLY.  The executive commissioner by rule shall give a facility that is in operation when a rule or standard is adopted under this chapter a reasonable time to comply with the rule or standard.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0781, eff. April 2, 2015.|
TX Health & Safety Code § 252.0375 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.0375. Early Compliance Review

Sec. 252.0375.  EARLY COMPLIANCE REVIEW.  (a)  The executive commissioner by rule shall adopt a procedure under which a person proposing to construct or modify a facility may submit building plans to the department for review for compliance with the department's architectural requirements before beginning construction or modification.  In adopting the procedure, the executive commissioner shall set reasonable deadlines by which the department must complete review of submitted plans.(b)  The department shall, within 30 days, review plans submitted under this section for compliance with the department's architectural requirements and inform the person in writing of the results of the review.  If the plans comply with the department's architectural requirements, the department may not subsequently change the architectural requirements applicable to the project unless:(1)  the change is required by federal law;  or(2)  the person fails to complete the project within a reasonable time.(c)  The department may charge a reasonable fee for conducting a review under this section.(d)  A fee collected under this section shall be deposited in the general revenue fund.(e)  The review procedure provided by this section does not include review of building plans for compliance with the Texas Accessibility Standards as administered and enforced.|Added by Acts 2001, 77th Leg., ch. 339, Sec. 3, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0782, eff. April 2, 2015.|
TX Health & Safety Code § 252.038 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.038. Fire Safety Requirements

Sec. 252.038.  FIRE SAFETY REQUIREMENTS.  (a)  A facility shall comply with fire safety requirements established under this section.(b)  The executive commissioner by rule shall adopt the fire safety standards applicable to the facility.  The fire safety standards must be the same as the fire safety standards established by an edition of the Life Safety Code of the National Fire Protection Association.  If required by federal law or regulation, the edition selected may be different for facilities or portions of facilities operated or approved for construction at different times.(c)  A facility that is licensed under applicable law on September 1, 1997, must comply with the fire safety standards, including fire safety standards imposed by municipal ordinance, applicable to the facility on that date.(d)  The rules adopted under this section do not prevent a facility licensed under this chapter from voluntarily conforming to fire safety standards that are compatible with, equal to, or more stringent than those adopted by the executive commissioner.(e)  Notwithstanding any other provision of this section, a municipality may enact additional and more stringent fire safety standards applicable to new construction begun on or after September 1, 1997.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0783, eff. April 2, 2015.|
TX Health & Safety Code § 252.039 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.039. Posting

Sec. 252.039.  POSTING.  Each facility shall prominently and conspicuously post for display in a public area of the facility that is readily available to residents, employees, and visitors:(1)  the license issued under this chapter;(2)  a sign prescribed by the department that specifies complaint procedures established under this chapter or rules adopted under this chapter and that specifies how complaints may be registered with the department;(3)  a notice in a form prescribed by the department stating that inspection and related reports are available at the facility for public inspection and providing the department's toll-free telephone number that may be used to obtain information concerning the facility;(4)  a concise summary of the most recent inspection report relating to the facility;(5)  a notice providing instructions for reporting an allegation of abuse, neglect, or exploitation to the Department of Family and Protective Services; and(6)  a notice that employees, other staff, residents, volunteers, and family members and guardians of residents are protected from discrimination or retaliation as provided by Sections 252.132 and 252.133.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 192, Sec. 3, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 11, eff. June 11, 2009.|
TX Health & Safety Code § 252.040 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.040. Inspections

Sec. 252.040.  INSPECTIONS.  (a)  The department or the department's designee may make any inspection, survey, or investigation that it considers necessary and may enter the premises of a facility at reasonable times to make an inspection, survey, or investigation in accordance with department rules.(b)  The department is entitled to access to books, records, and other documents maintained by or on behalf of a facility to the extent necessary to enforce this chapter and the rules adopted under this chapter.(c)  A license holder or an applicant for a license is considered to have consented to entry and inspection of the facility by a representative of the department in accordance with this chapter.(d)  The department shall establish procedures to preserve all relevant evidence of conditions the department finds during an inspection, survey, or investigation that the department reasonably believes threaten the health and safety of a resident.  The procedures may include photography or photocopying of relevant documents, such as license holder's notes, physician's orders, and pharmacy records, for use in any legal proceeding.(e)  When photographing a resident, the department:(1)  shall respect the privacy of the resident to the greatest extent possible;  and(2)  may not make public the identity of the resident.(f)  A facility, an officer or employee of a facility, and a resident's attending physician are not civilly liable for surrendering confidential or private material under this section, including physician's orders, pharmacy records, notes and memoranda of a state office, and resident files.(g)  The department shall establish in clear and concise language a form to summarize each inspection report and complaint investigation report.(h)  The executive commissioner shall establish proper procedures to ensure that copies of all forms and reports under this section are made available to consumers, service recipients, and the relatives of service recipients as the department considers proper.(i)  The department shall have specialized staff conduct inspections, surveys, or investigations of facilities under this section.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 160, Sec. 2, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0784, eff. April 2, 2015.|
TX Health & Safety Code § 252.041 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.041. Unannounced Inspections

Sec. 252.041.  UNANNOUNCED INSPECTIONS.  (a)  Each licensing period, the commission shall conduct at least three unannounced inspections of each facility.(b)  In order to ensure continuous compliance, the commission shall randomly select a sufficient percentage of facilities for unannounced inspections to be conducted between 5 p.m. and 8 a.m.  Those inspections must be cursory to avoid to the greatest extent feasible any disruption of the residents.(c)  The commission may require additional inspections.(d)  As considered appropriate and necessary by the commission, the commission may invite at least one person as a citizen advocate to participate in inspections.  The invited advocate must be an individual who has an interest in or who is employed by or affiliated with an organization or entity that represents, advocates for, or serves individuals with an intellectual disability or a related condition.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0785, eff. April 2, 2015.Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 14, eff. September 1, 2017.|
TX Health & Safety Code § 252.042 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.042. Disclosure of Unannounced Inspections; Criminal Penalty

Sec. 252.042.  DISCLOSURE OF UNANNOUNCED INSPECTIONS;  CRIMINAL PENALTY.  (a)  Except as expressly provided by this chapter, a person commits an offense if the person intentionally, knowingly, or recklessly discloses to an unauthorized person the date, time, or any other fact about an unannounced inspection of a facility before the inspection occurs.(b)  In this section, "unauthorized person" does not include:(1)  the department;(2)  the office of the attorney general;(3)  a representative of an agency or organization when a Medicaid survey is made concurrently with a licensing inspection;  or(4)  any other person or entity authorized by law to make an inspection or to accompany an inspector.(c)  An offense under this section is a Class B misdemeanor.(d)  A person convicted under this section is not eligible for state employment.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.043 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.043. Licensing Surveys

Sec. 252.043.  LICENSING SURVEYS.  The department shall provide a team to conduct surveys to validate findings of licensing surveys.  The purpose of a validation survey is to assure that survey teams throughout the state survey in a fair and consistent manner.  A facility subjected to a validation survey must correct deficiencies cited by the validation team but is not subject to punitive action for those deficiencies.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 252.044 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter B. Licensing, Fees, and Inspections|Section 252.044. Reporting Violations

Sec. 252.044.  REPORTING VIOLATIONS.  (a)  The department or the department's representative conducting an inspection, survey, or investigation under this chapter shall:(1)  list each violation of a law or rule on a form designed by the department for inspections;  and(2)  identify the specific law or rule the facility violates.(b)  At the conclusion of an inspection, survey, or investigation under this chapter, the department or the department's representative conducting the inspection, survey, or investigation shall discuss the violations with the facility's management in an exit conference.  The department or the department's representative shall leave a written list of the violations with the facility and the person designated by the facility to receive notice under Section 252.066 at the time of the exit conference.  If the department or the department's representative discovers any additional violations during the review of field notes or preparation of the official final list, the department or the department's representative shall give the facility an additional exit conference regarding the additional violations.  An additional exit conference must be held in person and may not be held by telephone, e-mail, or facsimile transmission.(c)  The facility shall submit a plan to correct the violations to the regional director not later than the 10th working day after the date the facility receives the final official statement of violations.|Added by Acts 1999, 76th Leg., ch. 534, Sec. 2, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 974 (S.B. 344), Sec. 6, eff. September 1, 2007.|
TX Health & Safety Code § 252.061 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability|Subchapter C. General Enforcement|Section 252.061. Emergency Suspension or Closing Order

Sec. 252.061.  EMERGENCY SUSPENSION OR CLOSING ORDER.  (a)  The department shall suspend a facility's license or order an immediate closing of part of the facility if:(1)  the department finds the facility is operating in violation of the standards prescribed by this chapter;  and(2)  the violation creates an immediate threat to the health and safety of a resident.(b)  The executive commissioner by rule shall provide for the placement of residents during the facility's suspension or closing to ensure their health and safety.(c)  An order suspending a license or closing a part of a facility under this section is immediately effective on the date on which the license holder receives written notice or a later date specified in the order.(d)  An order suspending a license or ordering an immediate closing of a part of a facility is valid for 10 days after the effective date of the order.|Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0786, eff. April 2, 2015.|