reglab/statecodes huggingface dataset:
2023 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 A. General Provisions › Section 242.005. Performance Reports

Sec. 242.005.  PERFORMANCE REPORTS.  (a)  The department shall prepare annually a full report of the operation and administration of the department's responsibilities under this chapter, including recommendations and suggestions considered advisable.
(b)  The Legislative Budget Board and the state auditor shall jointly prescribe the form and content of reports required under this section, provided, however, that the state auditor's participation under this section is subject to approval by the legislative audit committee for inclusion in the audit plan under Section 321.013(c), Government Code.
(c)  The department shall submit the required report to the governor and the legislature not later than March 1 of each year.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.04, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 785, Sec. 68, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 2.01, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 990 (H.B. 1781), Sec. 7, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.26, eff. September 1, 2019.
2023 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 A. General Provisions › Section 242.006. Directory of Licensed Institutions

Sec. 242.006.  DIRECTORY OF LICENSED INSTITUTIONS.  (a)  The department shall prepare and publish annually a directory of all licensed institutions.
(b)  The directory must contain:
(1)  the name and address of the institution;
(2)  the name of the proprietor or sponsoring organization;  and
(3)  other pertinent data that the department considers useful and beneficial to those persons interested in institutions operated in accordance with this chapter.
(c)  The department shall make copies of the directory available to the public.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 A. General Provisions › Section 242.007. Consultation and Cooperation

Sec. 242.007.  CONSULTATION AND COOPERATION.  (a)  Whenever possible, the department shall use the services of and consult with state and local agencies in carrying out its responsibility under this chapter.
(b)  The department may cooperate with local public health officials of a county or municipality in carrying out this chapter and may delegate to those officials the power to make inspections and recommendations to the department in accordance with this chapter.
(c)  The department may coordinate its personnel and facilities with a local agency of a municipality or county and may provide advice to the municipality or county if the municipality or county decides to supplement the state program with additional rules required to meet local conditions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.085, eff. Sept. 1, 1995.
2023 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 A. General Provisions › Section 242.008. Employment of Personnel

Sec. 242.008.  EMPLOYMENT OF PERSONNEL.  The department may employ the personnel necessary to administer this chapter properly.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 A. General Provisions › Section 242.009. Federal Funds

Sec. 242.009.  FEDERAL FUNDS.  The department may accept and use any funds allocated by the federal government to the department for administrative expenses.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 A. General Provisions › Section 242.010. Change of Administrators

Sec. 242.010.  CHANGE OF ADMINISTRATORS.  An institution that hires a new administrator or person designated as chief manager shall:
(1)  notify the department in writing not later than the 30th day after the date on which the change becomes effective;  and
(2)  pay a $20 administrative fee to the department.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 A. General Provisions › Section 242.011. Language Requirements Prohibited

Sec. 242.011.  LANGUAGE REQUIREMENTS PROHIBITED.  An institution may not prohibit a resident or employee from communicating in the person's native language with another resident or employee for the purpose of acquiring or providing medical treatment, nursing care, or institutional services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 A. General Provisions › Section 242.013. Paperwork Reduction Rules

Sec. 242.013.  PAPERWORK REDUCTION RULES.  (a)  The executive commissioner shall  adopt rules to reduce the amount of paperwork an institution must complete and retain.
(a-1)  The department shall  attempt to reduce the amount of paperwork to the minimum amount required by state and federal law unless the reduction would jeopardize resident safety.
(b)  The department and providers shall work together to review rules and propose changes in paperwork requirements so that additional time is available for direct resident care.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.086, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0594, eff. April 2, 2015.
2023 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 A. General Provisions › Section 242.014. Prohibition of Remuneration

Sec. 242.014.  PROHIBITION OF REMUNERATION.  (a)  An institution may not receive monetary or other remuneration from a person or agency that furnishes services or materials to the institution or its occupants for a fee.
(b)  The department may revoke the license of an institution that violates Subsection (a).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 A. General Provisions › Section 242.015. Licensed Administrator

Sec. 242.015.  LICENSED ADMINISTRATOR.  (a)  Each institution must have a licensed nursing facility administrator.
(b)  The administrator shall:
(1)  manage the institution;
(2)  be responsible for:
(A)  delivery of quality care to all residents;  and
(B)  implementation of the policies and procedures of the institution;  and
(3)  work at least 40 hours per week on administrative duties.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.05, eff. Sept. 1, 1997.
2023 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 A. General Provisions › Section 242.016. Fees and Penalties

Sec. 242.016.  FEES AND PENALTIES.  Except as expressly provided by this chapter, a fee or penalty collected by or on behalf of the department under this chapter must be deposited to the credit of the general revenue fund and may be appropriated only to the department to administer and enforce this chapter.  Investigation and attorney's fees may not be assessed or collected by or on behalf of the department or other state agency unless the department or other state agency assesses and collects a penalty described under this chapter.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.05, eff. Sept. 1, 1997.
2023 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 A. General Provisions › Section 242.017. Admissibility of Certain Evidence in Civil Actions

Sec. 242.017.  ADMISSIBILITY OF CERTAIN EVIDENCE IN CIVIL ACTIONS.  (a)  The following are not admissible as evidence in a civil action:
(1)  any finding by the department that an institution has violated this chapter or a rule adopted under this chapter;  or
(2)  the fact of the assessment of a penalty against an institution under this chapter or the payment of the penalty by an institution.
(b)  This section does not apply in an enforcement action in which the state or an agency or political subdivision of the state is a party.
(c)  Notwithstanding any other provision of this section, evidence described by Subsection (a) is admissible as evidence in a civil action only if:
(1)  the evidence relates to a material violation of this chapter or a rule adopted under this chapter or assessment of a monetary penalty with respect to:
(A)  the particular incident and the particular individual whose personal injury is the basis of the claim being brought in the civil action;  or
(B)  a finding by the department that directly involves substantially similar conduct that occurred at the institution within a period of one year before the particular incident that is the basis of the claim being brought in the civil action;  and
(2)  the evidence of a material violation has been affirmed by the entry of a final adjudicated and unappealable order of the department after formal appeal;  and
(3)  the record is otherwise admissible under the Texas Rules of Evidence.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 16.02, eff. Sept. 1, 2003.
2023 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 A. General Provisions › Section 242.018. Compliance With Chapter 260a

Sec. 242.018.  COMPLIANCE WITH CHAPTER 260A.  (a)  An institution shall comply with Chapter 260A and the rules adopted under that chapter.
(b)  A person, including an owner or employee of an institution, shall comply with Chapter 260A and the rules adopted under that chapter.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(e), eff. September 28, 2011.
2023 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 A. General Provisions › Section 242.019. Guardianship Orders

Sec. 242.019.  GUARDIANSHIP ORDERS.  An institution shall make a reasonable effort to request a copy of any court order appointing a guardian of a resident or a resident's estate from the resident's nearest relative or the person responsible for the resident's support. An institution that receives a copy of a court order appointing a guardian of a resident or a resident's estate shall maintain a copy of the court order in the resident's medical records.
Added by Acts 2015, 84th Leg., R.S., Ch. 724 (H.B. 1337), Sec. 1, eff. September 1, 2015.
2023 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 A. General Provisions › Section 242.020. Civil Liability Related to Misappropriation of Resident's Funds

Sec. 242.020.  CIVIL LIABILITY RELATED TO MISAPPROPRIATION OF RESIDENT'S FUNDS.  (a)  In this section:
(1)  "Misappropriate" means the taking, secretion, misapplication, deprivation, transfer, or attempted transfer to any person not entitled to receive any real or personal property or anything of value belonging to or under the legal control of a resident without the effective consent of the resident or other appropriate legal authority.
(2)  "Responsible payor" means a person who:
(A)  has legal access to the resident's income or resources available to pay for nursing facility care; and
(B)  has signed an admission agreement or other contract with the facility in which the person agrees to provide payment for the resident's facility care from the resident's income or resources.
(b)  A nursing facility may file an action against a resident's responsible payor for an amount owed by the resident to the facility if:
(1)  before admission of the resident, the facility obtains financial information from the resident or responsible payor demonstrating the amount of financial resources that the resident has available to pay for nursing facility care; and
(2)  after the resident begins to reside at the facility, the responsible payor misappropriates the resident's resources to a degree that the resident is unable to afford to pay for the resident's care.
(c)  A nursing facility may file an action for injunctive relief against a resident's responsible payor who engages in conduct described by Subsection (b).  The court may grant any appropriate injunctive relief to prevent or abate the conduct, including a temporary restraining order, temporary injunction, or permanent injunction.
(d)  Subject to Subsection (e), the prevailing party in an action filed under this section may recover attorney's fees.
(e)  In an action filed under this section, a nursing facility may not recover a total amount, including damages and attorney's fees, that exceeds the amount the responsible payor has misappropriated from the resident.
Added by Acts 2021, 87th Leg., R.S., Ch. 2 (S.B. 270), Sec. 1, eff. September 1, 2021.
2023 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 B. Licensing, Fees, and Inspections › Section 242.031. License Required

Sec. 242.031.  LICENSE REQUIRED.  A person or governmental unit, acting severally or jointly with any other person or governmental unit, may not establish, conduct, or maintain an institution in this state without a license issued under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 B. Licensing, Fees, and Inspections › Section 242.032. License or Renewal Application

Sec. 242.032.  LICENSE OR RENEWAL APPLICATION.  (a)  An application for a license or renewal of a license is made to the department on a form provided by the department and must be accompanied by the license fee.
(b)  The application must contain information that the department requires.
(c)  The applicant or license holder must furnish evidence to affirmatively establish the applicant's or license holder's ability to comply with:
(1)  minimum standards of medical care, nursing care, and financial condition;  and
(2)  any other applicable state or federal standard.
(d)  The department shall consider the background and qualifications of:
(1)  the applicant or license holder;
(2)  a partner, officer, director, or managing employee of the applicant or license holder;
(3)  a person who owns or who controls the owner of the physical plant of a facility in which the institution operates or is to operate;  and
(4)  a controlling person with respect to the institution for which a license or license renewal is requested.
(e)  In making the evaluation required by Subsection (d), the department shall require the applicant or license holder to file a sworn affidavit of a satisfactory compliance history and any other information required by the department to substantiate a satisfactory compliance history relating to each state or other jurisdiction in which the applicant or license holder and any other person described by Subsection (d) operated an institution at any time before the date on which the application is made.  The executive commissioner by rule shall determine what constitutes a satisfactory compliance history.  The department may consider and evaluate the compliance history of the applicant and any other person described by Subsection (d) for any period during which the applicant or other person operated an institution in this state or in another state or jurisdiction.  The department may also require the applicant or license holder to file information relating to the history of the financial condition of the applicant or license holder and any other person described by Subsection (d) with respect to an institution operated in another state or jurisdiction at any time before the date on which the application is made.
(f)  Information obtained under this section regarding an applicant's or license holder's financial condition is confidential and may not be disclosed to the public.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.06, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 10, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 2.02, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 17, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0595, eff. April 2, 2015.
2023 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 B. Licensing, Fees, and Inspections › Section 242.033. Issuance and Renewal of License

Sec. 242.033.  ISSUANCE AND RENEWAL OF LICENSE.  (a)  After receiving an application for a license, the department shall issue the license if, after inspection and investigation, it finds that the applicant or license holder, and any other person described by Section 242.032(d), meet the requirements established under each provision of this chapter and any rule or standard adopted under this chapter.
(b)  The department 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)  Except as provided by Subsection (f), a license is renewable every three years after:
(1)  an inspection, unless an inspection is not required as provided by Section 242.047;
(2)  payment of the license fee; and
(3)  department approval of the report filed every three years by the licensee.
(e)  The report required for license renewal under Subsection (d)(3) must comply with department rules that specify the date of submission of the report, the information it must contain, and its form.
(f)  The initial license issued to a license holder who has not previously held a license under this subchapter is a probationary license.  A probationary license is valid for only one year.  At the end of the one-year period, a license under Subsection (a) shall be issued but only after:
(1)  the department finds that the license holder and any other person described by Section 242.032(d) continue to meet the requirements established under each provision of this chapter and any rule or standard adopted under this chapter;
(2)  an inspection, unless an inspection is not required as provided by Section 242.047;
(3)  payment of the license fee;  and
(4)  department approval of the report required for license renewal that complies with rules adopted under Subsection (e).
(g)  The executive commissioner by rule shall adopt a system under which an appropriate number of licenses issued by the department under this chapter expire on staggered dates occurring in each three-year period.  If the expiration date of a license changes as a result of this subsection, the department shall prorate the licensing fee relating to that license as appropriate.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 815, Sec. 1(a), eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1159, Sec. 1.07, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 512, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(a), eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0596, eff. April 2, 2015.
2023 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 B. Licensing, Fees, and Inspections › Section 242.0335. Expedited Issuance of Change of Ownership License to Certain Current License Holders

Sec. 242.0335.  EXPEDITED ISSUANCE OF CHANGE OF OWNERSHIP LICENSE TO CERTAIN CURRENT LICENSE HOLDERS.  (a)  The department shall maintain, and keep current, a list of license holders that operate an institution in this state and that have excellent operating records according to the information available to the department.  The executive commissioner by rule shall establish specific criteria for the department to designate a license holder as eligible for the list.
(b)  The department shall establish a procedure under which a listed license holder may be granted expedited approval in obtaining a change of ownership license to operate another existing institution in this state.  The procedure may involve allowing a listed license holder to submit an affidavit demonstrating that the license holder continues to meet the criteria for being listed and continues to meet the requirements described by Subsection (c).
(c)  An applicant for a change of ownership license must meet all applicable requirements that an applicant for renewal of a license must meet under this subchapter, including under Section 242.032(d), and under rules adopted under this subchapter.  Any requirement relating to inspections or to an accreditation review applies only to institutions operated by the license holder at the time the application is made for the change of ownership license.
(d)  Subsection (c) applies only to a license holder designated as eligible for and placed on the list maintained under Subsection (a).
Added by Acts 2001, 77th Leg., ch. 731, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2001, 77th Leg., ch. 1284, Sec. 7.05, eff. June 15, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0597, eff. April 2, 2015.
2023 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 B. Licensing, Fees, and Inspections › Section 242.034. License Fees

Sec. 242.034.  LICENSE FEES.  (a)  The executive commissioner may establish by rule license fees for institutions licensed by the department under this chapter.  The license fee may not exceed $375 plus:
(1)  $15 for each unit of capacity or bed space for which a license is sought; and
(2)  a background examination fee imposed under Subsection (d).
(b)  The license fee for a probationary license issued under Section 242.033(f) may not exceed $125 plus:
(1)  $5 for each unit of capacity or bed space for which the license is sought;  and
(2)  a background examination fee imposed under Subsection (d).
(c)  An additional license fee may be charged as provided by Section 242.097.
(d)  The executive commissioner by rule may establish a background examination fee in an amount necessary to defray the department's expenses in administering its duties under Sections 242.032(d) and (e).
(e)  The applicable license fee must be paid with each application for a probationary license, an initial license, a renewal license, or a change of ownership license.
(f)  The state is not required to pay the license fee.
(g)  An approved increase in bed space is subject to an additional fee.
(h)  The license fees established under this chapter are an allowable cost for reimbursement under the medical assistance program administered by the commission under Chapter 32, Human Resources Code.  Any fee increases shall be reflected in reimbursement rates prospectively.
(i)  An applicant for license renewal who submits an application later than the 45th day before the expiration date of a current license is subject to a late fee in accordance with department rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 815, Sec. 1(b), eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1159, Sec. 1.08, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 512, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 11, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1063 (H.B. 3196), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0599, eff. April 2, 2015.
2023 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 B. Licensing, Fees, and Inspections › Section 242.035. Licensing Categories

Sec. 242.035.  LICENSING CATEGORIES.  (a)  The department shall determine the rank of licensing categories.
(b)  Unless prohibited by another state or federal requirement, the department shall allow a licensed institution to operate a portion of the institution under the standards of a lower licensing category.  The executive commissioner shall establish procedures and standards to accommodate an institution's operation under the lower category.
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. 3.0600, eff. April 2, 2015.
2023 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 B. Licensing, Fees, and Inspections › Section 242.036. Grading

Sec. 242.036.  GRADING.  (a)  The executive commissioner may adopt and publish and the department may enforce minimum standards relating to the grading of an institution in order to recognize those institutions that provide more than the minimum level of services and personnel as established by the executive commissioner.
(b)  An institution that has a superior grade shall prominently display the grade for public view.
(c)  As an incentive to attain the superior grade, an institution may advertise its grade, except that it may not advertise a superior grade that has been canceled.
(d)  The department may not award a superior grade to an institution that, during the year preceding the grading inspection, violated state or federal law, rules, or regulations relating to:
(1)  the health, safety, or welfare of its residents;
(2)  resident funds;
(3)  the confidentiality of a resident's records;
(4)  the financial practices of the institution;  or
(5)  the control of medication in the institution.
(e)  The department shall cancel an institution's superior grade if the institution:
(1)  does not meet the criteria established for a superior grade;  or
(2)  violates a state or federal law, rule, or regulation described by Subsection (d).
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. 3.0601, eff. April 2, 2015.
2023 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 B. Licensing, Fees, and Inspections › Section 242.0371. Notice of Certain Employment Policies

Sec. 242.0371.  NOTICE OF CERTAIN EMPLOYMENT POLICIES.  (a)  An institution licensed under this chapter shall prepare a written statement describing the institution's policy for:
(1)  the drug testing of employees who have direct contact with residents;  and
(2)  the conducting of criminal history record checks of employees and applicants for employment in accordance with Chapter 250.
(b)  The institution shall provide the statement to:
(1)  each person applying for services from the institution or the person's next of kin or guardian;  and
(2)  any person requesting the information.
Added by Acts 1999, 76th Leg., ch. 1020, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1025, Sec. 1, eff. Sept. 1, 2001.
2023 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 B. Licensing, Fees, and Inspections › Section 242.0373. Restraint and Seclusion

Sec. 242.0373.  RESTRAINT AND SECLUSION.  A person providing services to a resident of an institution shall comply with Chapter 322 and the rules adopted under that chapter.
Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), Sec. 2, eff. September 1, 2005.
2023 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 B. Licensing, Fees, and Inspections › Section 242.038. Reasonable Time to Comply

Sec. 242.038.  REASONABLE TIME TO COMPLY.  The executive commissioner by rule shall give an institution that is in operation when a rule or standard is adopted under this chapter a reasonable time to comply with the rule or standard.
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. 3.0603, eff. April 2, 2015.
2023 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 B. Licensing, Fees, and Inspections › Section 242.0385. Early Compliance Review

Sec. 242.0385.  EARLY COMPLIANCE REVIEW.  (a)  The executive commissioner by rule shall adopt a procedure under which a person proposing to construct or modify an institution 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. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0604, eff. April 2, 2015.
2023 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 B. Licensing, Fees, and Inspections › Section 242.039. Fire Safety Requirements

Sec. 242.039.  FIRE SAFETY REQUIREMENTS.  (a)  The executive commissioner shall adopt rules necessary to specify the edition of the Life Safety Code of the National Fire Protection Association that will be used to establish the life safety requirements for an institution licensed under this chapter.
(b)  The executive commissioner shall adopt the edition of the Life Safety Code of the National Fire Protection Association for fire safety as designated by federal law and regulations for an institution or portion of an institution that is constructed after September 1, 1993, and for an institution or portion of an institution that was operating or approved for construction on or before September 1, 1993.
(c)  The executive commissioner may not require more stringent fire safety standards than those required by federal law and regulation.  The rules adopted under this section may not prevent an institution 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.
(d)  Licensed health care facilities in existence at the time of the effective date of this subsection may have their existing use or occupancy continued if such facilities comply with fire safety standards and ordinances in existence at the time of the effective date of this subsection.
(e)  Notwithstanding any other provision of this section, a municipality shall have the authority to enact additional and higher fire safety standards applicable to new construction beginning on or after the effective date of this subsection.
(g)  The executive commissioner shall adopt rules to implement an expedited inspection process that allows an applicant for a license or for a renewal of a license to obtain a life safety code and physical plant inspection not later than the 15th day after the date the request is made.  The department may charge a fee to recover the cost of the expedited inspection.  The rules must permit the department to charge different fee amounts based on the size and type of institution.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 583, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. 2972), Sec. 2, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0605, eff. April 2, 2015.
2023 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 B. Licensing, Fees, and Inspections › Section 242.0395. Registration With Texas Information and Referral Network

Sec. 242.0395.  REGISTRATION WITH TEXAS INFORMATION AND REFERRAL NETWORK.
Text of subsection effective until April 01, 2025
(a)  An institution licensed under this chapter shall register with the Texas Information and Referral Network under Section 531.0312, Government Code, to assist the state in identifying persons needing assistance if an area is evacuated because of a disaster or other emergency.
Text of subsection effective on April 01, 2025
(a)  An institution licensed under this chapter shall register with the Texas Information and Referral Network under Section 526.0004, Government Code, to assist the state in identifying persons needing assistance if an area is evacuated because of a disaster or other emergency.
(b)  The institution is not required to identify individual residents who may require assistance in an evacuation or to register individual residents with the Texas Information and Referral Network for evacuation assistance.
(c)  The institution shall notify each resident and the resident's next of kin or guardian regarding how to register for evacuation assistance with the Texas Information and Referral Network.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.17, eff. September 1, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.43, eff. April 1, 2025.
2023 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 B. Licensing, Fees, and Inspections › Section 242.040. Certification of Institutions That Care for Persons With Alzheimer's Disease and Related Disorders

Sec. 242.040.  CERTIFICATION OF INSTITUTIONS THAT CARE FOR PERSONS WITH ALZHEIMER'S DISEASE AND RELATED DISORDERS.  (a)  The department shall establish a system for certifying institutions that meet standards adopted by the executive commissioner concerning the specialized care and treatment of persons with Alzheimer's disease and related disorders.
(b)  An institution is not required to be certified under this section in order to provide care and treatment of persons with Alzheimer's disease and related disorders.
(c)  The executive commissioner by rule may adopt standards for the specialized care and treatment of persons with Alzheimer's disease and related disorders and provide procedures for institutions applying for certification under this section.  The rules must provide for a three-year certification period.
(d)  The executive commissioner by rule may establish and the department may collect fees for the certification in an amount necessary to administer this section.
(e)  An institution may not advertise or otherwise communicate that the institution is certified by the department to provide specialized care for persons with Alzheimer's disease or related disorders unless the institution is certified under this section.
(f)  The executive commissioner by rule shall adopt a system under which an appropriate number of certifications issued by the department expire on staggered dates occurring in each three-year period.  If the expiration date of a certification changes as a result of this subsection, the department shall prorate the certification fee relating to that certification as appropriate.
(g)  The executive commissioner by rule shall adopt a definition of "Alzheimer's disease and related disorders," and may adopt by reference a definition published in a generally accepted clinical resource for medical professionals. The executive commissioner shall modify the definition as necessary to conform to changes in medical practice.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1063 (H.B. 3196), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0606, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1256 (H.B. 2588), Sec. 1, eff. June 20, 2015.
2023 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 B. Licensing, Fees, and Inspections › Section 242.0405. Notice of Alzheimer's Disease and Related Disorders Certification

Sec. 242.0405.  NOTICE OF ALZHEIMER'S DISEASE AND RELATED DISORDERS CERTIFICATION.  (a)  A nursing facility advertising, marketing, or otherwise promoting that the facility provides memory care services shall prepare a written notice disclosing whether the facility is certified or is not certified under Section 242.040 to provide specialized care and treatment for facility residents with Alzheimer's disease and related disorders.
(b)  The nursing facility shall provide the notice described by Subsection (a) to:
(1)  each facility resident; and
(2)  each person applying for services from the facility or the person's next of kin or guardian.
(c)  A nursing facility that provides the notice required under Subsection (a) is not required to include the information described by Section 242.202(d)(2) in a disclosure statement provided under that section.
Added by Acts 2021, 87th Leg., R.S., Ch. 514 (S.B. 383), Sec. 1, eff. September 1, 2021.
2023 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 B. Licensing, Fees, and Inspections › Section 242.041. False Communication Concerning Certification; Criminal Penalty

Sec. 242.041.  FALSE COMMUNICATION CONCERNING CERTIFICATION;  CRIMINAL PENALTY.  (a)  An institution commits an offense if the institution violates Section 242.040(e).
(b)  An offense under this section is a Class C misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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 B. Licensing, Fees, and Inspections › Section 242.043. Inspections

Sec. 242.043.  INSPECTIONS.  (a)  The commission or the commission's representative may make any inspection, including an unannounced inspection or follow-up inspection,  survey, or investigation that it considers necessary and may enter the premises of an institution 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 an institution 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 institution by a representative of the department in accordance with this chapter.
(d)  The department shall establish procedures to preserve all relevant evidence of conditions found during an inspection, survey, or investigation that the department reasonably believes threaten the health and safety of a resident, including photography and photocopying of relevant documents, such as a license holder's notes, a 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)  An institution, an officer or employee of an institution, 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 executive commissioner considers proper.
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. 3.0608, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 803 (H.B. 1423), Sec. 1, eff. September 1, 2021.
2023 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 B. Licensing, Fees, and Inspections › Section 242.044. Unannounced Inspections

Sec. 242.044.  UNANNOUNCED INSPECTIONS.  (a)  The commission shall annually conduct at least one unannounced inspection of each institution.
(b)  For at least one unannounced annual inspection of an institution, the commission shall invite at least one person as a citizen advocate from:
(1)  the AARP;
(2)  the Texas Senior Citizen Association;
(3)  the department's Certified Long-term Care Ombudsman; or
(4)  another statewide organization for the elderly.
(c)  In order to ensure continuous compliance, the department shall randomly select a sufficient percentage of institutions 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.
(d)  The department may require additional inspections.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 815, Sec. 1(c), eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 798 (S.B. 131), Sec. 1, eff. September 1, 2008.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0609, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 803 (H.B. 1423), Sec. 2, eff. September 1, 2021.
2023 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 B. Licensing, Fees, and Inspections › Section 242.0441. Follow-Up Inspections

Sec. 242.0441.  FOLLOW-UP INSPECTIONS.  (a)  The commission or the commission's representative may conduct a follow-up inspection of an institution after conducting an inspection, survey, or investigation of the institution under Section 242.043 or 242.044 to:
(1)  evaluate and monitor the findings of the initial inspection, survey, or investigation; and
(2)  ensure the commission is citing and punishing institutional deficiencies consistently across the state.
(b)  If an institution corrects a deficiency cited during a follow-up inspection within the time specified by executive commissioner rule, the commission may not impose additional punitive actions for the deficiency.
Added by Acts 2021, 87th Leg., R.S., Ch. 803 (H.B. 1423), Sec. 3, eff. September 1, 2021.
2023 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 B. Licensing, Fees, and Inspections › Section 242.0442. Commission Evaluation of Regulatory Capacity

Sec. 242.0442.  COMMISSION EVALUATION OF REGULATORY CAPACITY.  (a)  Not later than January 31 of each year, the commission shall evaluate the commission's capacity to regulate institutions under this chapter and formulate a strategy to effectively perform licensing duties, enforcement activities, and complaint investigations for that year.
(b)  The commission shall continue to regularly evaluate the commission's  capacity to regulate institutions under this chapter and implement corrective measures as necessary.
(c)  The commission shall monitor the commission's staffing of employees who perform inspections, surveys, or investigations of institutions under this chapter and fill any vacant positions as soon as possible.
(d)  Not later than January 1 of each year, the commission shall evaluate the commission's compliance during the previous year with Sections 242.043, 242.044, and 242.0441.
Added by Acts 2021, 87th Leg., R.S., Ch. 803 (H.B. 1423), Sec. 3, eff. September 1, 2021.