reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 commission that specifies complaint procedures established under this chapter or rules adopted under this chapter and that specifies how complaints may be registered with the commission;
(3)  a notice in a form prescribed by the commission stating that inspection and related reports are available at the facility for public inspection and providing the commission'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 commission; 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.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 6, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 252.062. Injunction

Sec. 252.062.  INJUNCTION.  (a)  The department may petition a district court for a temporary restraining order to restrain a person from continuing a violation of the standards prescribed by this chapter if the department finds that the violation creates an immediate threat to the health and safety of the facility's residents.
(b)  A district court, on petition of the department, may by injunction:
(1)  prohibit a person from continuing a violation of the standards or licensing requirements prescribed by this chapter;
(2)  restrain or prevent the establishment, conduct, management, or operation of a facility without a license issued under this chapter;  or
(3)  grant the injunctive relief warranted by the facts on a finding by the court that a person is violating the standards or licensing requirements prescribed by this chapter.
(c)  The attorney general, on request by the department, shall bring and conduct on behalf of the state a suit authorized by this section.
(d)  A suit for a temporary restraining order or other injunctive relief must be brought in Travis County or the county in which the alleged violation occurs.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 192, Sec. 1, eff. Sept. 1, 1999.
2023 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 252.063. License Requirements; Criminal Penalty

Sec. 252.063.  LICENSE REQUIREMENTS;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 252.031.
(b)  An offense under this section is punishable by a fine of not more than $1,000 for the first offense and not more than $500 for each subsequent offense.
(c)  Each day of a continuing violation after conviction is a separate offense.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
2023 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 252.064. Civil Penalty

Sec. 252.064.  CIVIL PENALTY.  (a)  A person who violates this chapter or a rule adopted under this chapter is liable for a civil penalty of not less than $100 or more than $10,000 for each violation if the department determines the violation threatens the health and safety of a resident.
(b)  Each day of a continuing violation constitutes a separate ground for recovery.
(c)  On request of the department, the attorney general may institute an action in a district court to collect a civil penalty under this section.  Any amount collected shall be remitted to the comptroller for deposit to the credit of the general revenue fund.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 23, Sec. 1, eff. May 3, 1999.
2023 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 252.0651. Application of Other Law

Sec. 252.0651.  APPLICATION OF OTHER LAW.  The department may not assess more than one monetary penalty under this chapter for a violation arising out of the same act or failure to act.
Added by Acts 1999, 76th Leg., ch. 534, Sec. 4, eff. Sept. 1, 1999.
2023 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 252.066. Notice; Request for Hearing

Sec. 252.066.  NOTICE;  REQUEST FOR HEARING.  (a)  If, after investigation of a possible violation and the facts surrounding that possible violation, the department determines that a violation has occurred, the department shall give written notice of the violation to the person designated by the facility to receive notice.  The notice shall include:
(1)  a brief summary of the alleged violation;
(2)  a statement of the amount of the proposed penalty based on the factors listed in Section 252.065(d);  and
(3)  a statement of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.
(b)  Not later than the 20th day after the date on which the notice is received, the person notified may accept the determination of the department made under this section, including the proposed penalty, or may make a written request for a hearing on that determination.
(c)  If the person notified under this section of the violation accepts the determination of the department or if the person fails to respond in a timely manner to the notice, the department shall issue an order approving the determination and ordering that the person pay the proposed penalty.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 534, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0788, eff. April 2, 2015.
2023 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 252.067. Hearing; Order

Sec. 252.067.  HEARING; ORDER.  (a)  If the person notified under Section 252.066 requests a hearing, an administrative law judge shall  set a hearing and the department shall  give written notice of the hearing to the person.
(b)  The administrative law judge shall make findings of fact and conclusions of law and shall promptly issue to the department a proposal for decision as to the occurrence of the violation and a recommendation as to the amount of the proposed penalty if a penalty is determined to be warranted.
(c)  Based on the findings of fact and conclusions of law and the recommendations of the administrative law judge, the department by order may find that a violation has occurred and may assess a penalty or may find that no violation has occurred.
Added by Acts 1999, 76th Leg., ch. 534, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0789, eff. April 2, 2015.
2023 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 252.069. Use of Administrative Penalty

Sec. 252.069.  USE OF ADMINISTRATIVE PENALTY.  An administrative penalty collected under this subchapter may be appropriated for the purpose of funding the grant program established under Section 161.074, Human Resources Code.
Added by Acts 1999, 76th Leg., ch. 534, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 786 (S.B. 52), Sec. 4, eff. September 1, 2005.
2023 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 252.070. Expenses and Costs for Collection of Civil or Administrative Penalty

Sec. 252.070.  EXPENSES AND COSTS FOR COLLECTION OF CIVIL OR ADMINISTRATIVE PENALTY.  (a)  If the attorney general brings an action against a person under Section 252.062 or 252.064 or to enforce an administrative penalty assessed under Section 252.065 and an injunction is granted against the person or the person is found liable for a civil or administrative penalty, the attorney general may recover, on behalf of the attorney general and the department, reasonable expenses and costs.
(b)  For purposes of this section, reasonable expenses and costs include expenses incurred by the department and the attorney general in the investigation, initiation, and prosecution of an action, including reasonable investigative costs, attorney's fees, witness fees, and deposition expenses.
Added by Acts 1999, 76th Leg., ch. 534, Sec. 6, eff. Sept. 1, 1999.
2023 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 D. Trustees for Facilities › Section 252.091. Findings and Purpose

Sec. 252.091.  FINDINGS AND PURPOSE.  (a)  The legislature finds that, under some circumstances, closing a facility for a violation of a law or rule may:
(1)  have an adverse effect on the facility's residents and their families;  and
(2)  result in a lack of readily available financial resources to meet the basic needs of the residents for food, shelter, medication, and personal services.
(b)  The purpose of this subchapter is to provide for:
(1)  the appointment of a trustee to assume the operations of the facility in a manner that emphasizes resident care and reduces resident trauma;  and
(2)  a fund to assist a court-appointed trustee in meeting the basic needs of the residents.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
2023 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 D. Trustees for Facilities › Section 252.092. Appointment by Agreement

Sec. 252.092.  APPOINTMENT BY AGREEMENT.  (a)  A person who holds a controlling interest in a facility may request the department to assume the operation of the facility through the appointment of a trustee under this subchapter.
(b)  After receiving the request, the department may enter into an agreement providing for the appointment of a trustee to take charge of the facility under conditions both parties consider appropriate if the department considers the appointment desirable.
(c)  An agreement under this section must:
(1)  specify the terms and conditions of the trustee's appointment and authority;  and
(2)  preserve the rights of the residents as granted by law.
(d)  The agreement terminates at the time:
(1)  specified by the parties;  or
(2)  either party notifies the other in writing that the party is terminating the appointment agreement.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
2023 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 D. Trustees for Facilities › Section 252.093. Involuntary Appointment

Sec. 252.093.  INVOLUNTARY APPOINTMENT.  (a)  The department may request the attorney general to bring an action on behalf of the state for the appointment of a trustee to operate a facility if:
(1)  the facility is operating without a license;
(2)  the department has suspended or revoked the facility's license;
(3)  license suspension or revocation procedures against the facility are pending and the department determines that an imminent threat to the health and safety of the residents exists;
(4)  the department determines that an emergency exists that presents an immediate threat to the health and safety of the residents;  or
(5)  the facility is closing and arrangements for relocation of the residents to other licensed facilities have not been made before closure.
(b)  A trustee appointed under Subsection (a)(5) may only ensure an orderly and safe relocation of the facility's residents as quickly as possible.
(c)  After a hearing, a court shall appoint a trustee to take charge of a facility if the court finds that involuntary appointment of a trustee is necessary.
(d)  If possible, the court shall appoint as trustee an individual whose background includes intellectual disability service administration.
(e)  An action under this section must be brought in Travis County or the county in which the violation is alleged to have occurred.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 192, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0791, eff. April 2, 2015.
2023 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 D. Trustees for Facilities › Section 252.094. Fee; Release of Money

Sec. 252.094.  FEE;  RELEASE OF MONEY.  (a)  A trustee appointed under this subchapter is entitled to a reasonable fee as determined by the court.
(b)  The trustee may petition the court to order the release to the trustee of any payment owed the trustee for care and services provided to the residents if the payment has been withheld, including a payment withheld by a governmental agency or other entity during the appointment of the trustee, such as payments:
(1)  for Medicaid or insurance;
(2)  by a third party;  or
(3)  for medical expenses borne by the residents.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
2023 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 D. Trustees for Facilities › Section 252.095. Emergency Assistance Fee

Sec. 252.095.  EMERGENCY ASSISTANCE FEE.  (a)  In addition to the licensing and renewal fee collected under Section 252.034, the department may collect an annual fee to be used to make emergency assistance money available to a facility licensed under this chapter.
(b)  The fee collected under this section shall be in the amount prescribed by Section 242.097(c) and shall be deposited to the credit of the nursing and convalescent home trust fund established under Section 242.096.
(c)  The department may disburse money to a trustee for a facility licensed under this chapter to alleviate an immediate threat to the health or safety of the facility's residents.  Payments under this section may include payments described by Section 242.096(b).
(d)  A court may order the department to disburse emergency assistance money to a trustee for a facility licensed under this chapter if the court makes the findings provided by Section 242.096(c).
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. 3.0792, eff. April 2, 2015.
2023 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 D. Trustees for Facilities › Section 252.096. Reimbursement

Sec. 252.096.  REIMBURSEMENT.  (a)  A facility that receives emergency assistance money under this subchapter shall reimburse the department for the amounts received, including interest.
(b)  Interest on unreimbursed amounts begins to accrue on the date on which the money is disbursed to the facility.  The rate of interest is the rate determined under Section 304.003, Finance Code, to be applicable to judgments rendered during the month in which the money is disbursed to the facility.
(c)  The owner of the facility when the trustee is appointed is responsible for the reimbursement.
(d)  The amount that remains unreimbursed on the first anniversary of the date on which the money is received is delinquent and the commission may determine that the facility is ineligible for a Medicaid provider contract.
(e)  The department shall deposit the reimbursement and interest received under this section to the credit of the nursing and convalescent home trust fund.
(f)  The attorney general shall institute an action to collect money due under this section at the request of the department.  An action under this section must be brought in Travis County.
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. 3.0793, eff. April 2, 2015.
2023 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 D. Trustees for Facilities › Section 252.097. Notification of Closure

Sec. 252.097.  NOTIFICATION OF CLOSURE.  (a)  A facility that is closing temporarily or permanently, voluntarily or involuntarily, shall notify the residents of the closing and make reasonable efforts to notify in writing each resident's nearest relative or the person responsible for the resident's support within a reasonable time before the facility closes.
(b)  If the department orders a facility to close or the facility's closure is in any other way involuntary, the facility shall make the notification, orally or in writing, immediately on receiving notice of the closing.
(c)  If the facility's closure is voluntary, the facility shall make the notification not later than one week after the date on which the decision to close is made.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
2023 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 D. Trustees for Facilities › Section 252.098. Criminal Penalty for Failure to Notify

Sec. 252.098.  CRIMINAL PENALTY FOR FAILURE TO NOTIFY.  (a)  A facility commits an offense if the facility knowingly fails to comply with Section 252.097.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
2023 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 E. Investigations of Abuse, › Section 252.121. Authority to Receive Reports and Investigate

Sec. 252.121.  AUTHORITY TO RECEIVE REPORTS AND INVESTIGATE.  (a)  A person, including an owner or employee of a facility, who has cause to believe that a resident is being or has been subjected to abuse, neglect, or exploitation shall report the suspected abuse, neglect, or exploitation to the commission.  The commission shall investigate the allegation of abuse, neglect, or exploitation in the manner prescribed by the commission.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 23(1), eff. September 1, 2023.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 13, eff. June 11, 2009.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 7, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 23(1), eff. September 1, 2023.
2023 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 E. Investigations of Abuse, › Section 252.122. Notification of Duty to Report Abuse, Neglect, and Exploitation

Sec. 252.122.  NOTIFICATION OF DUTY TO REPORT ABUSE, NEGLECT, AND EXPLOITATION.  Each facility shall require each employee of the facility, as a condition of employment with the facility, to sign a statement that the employee realizes that the employee may be criminally liable for failure to report abuse, neglect, or exploitation.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 13, eff. June 11, 2009.
2023 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 E. Investigations of Abuse, › Section 252.125. Immediate Removal to Protect Resident

Sec. 252.125.  IMMEDIATE REMOVAL TO PROTECT RESIDENT.  Before the completion of the investigation by the commission, the commission shall file a petition for temporary care and protection of a resident if the commission determines that immediate removal is necessary to protect the resident from further abuse, neglect, or exploitation.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 13, eff. June 11, 2009.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 8, eff. September 1, 2023.
2023 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 E. Investigations of Abuse, › Section 252.126. Confidentiality; Disclosure of Investigation Report

Sec. 252.126.  CONFIDENTIALITY; DISCLOSURE OF INVESTIGATION REPORT.  (a)  A report, record, or working paper used or developed in an investigation made under this subchapter is confidential and may be disclosed only as provided by Chapter 48, Human Resources Code, Chapter 261, Family Code, or this section.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 23(2), eff. September 1, 2023.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 13, eff. June 11, 2009.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 23(2), eff. September 1, 2023.
2023 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 E. Investigations of Abuse, › Section 252.133. Suit for Retaliation Against Volunteer, Resident, or Family Member or Guardian of Resident

Sec. 252.133.  SUIT FOR RETALIATION AGAINST VOLUNTEER, RESIDENT, OR FAMILY MEMBER OR GUARDIAN OF RESIDENT.  (a)  A facility may not retaliate or discriminate against a volunteer, a resident, or a family member or guardian of a resident because the volunteer, the resident, the resident's family member or guardian, or any other person:
(1)  makes a complaint or files a grievance concerning the facility;
(2)  reports a violation of law, including a violation of this chapter or a rule adopted under this chapter;  or
(3)  initiates or cooperates in an investigation or proceeding of a governmental entity relating to the care, services, or conditions at the facility.
(b)  A volunteer, a resident, or a family member or guardian of a resident against whom a facility retaliates or discriminates in violation of Subsection (a) is entitled to sue for:
(1)  injunctive relief;
(2)  the greater of $1,000 or actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown;
(3)  exemplary damages;
(4)  court costs;  and
(5)  reasonable attorney's fees.
(c)  A volunteer, a resident, or a family member or guardian of a resident who seeks relief under this section must report the alleged violation not later than the 180th day after the date on which the alleged violation of this section occurred or was discovered by the volunteer, the resident, or the family member or guardian of the resident through reasonable diligence.
(d)  A suit under this section may be brought in the district court of the county in which the facility is located or in a district court of Travis County.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 192, Sec. 5, eff. Sept. 1, 2001.
2023 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 F. Medical Care › Section 252.151. Administration of Medication

Sec. 252.151.  ADMINISTRATION OF MEDICATION.  The executive commissioner shall adopt rules relating to the administration of medication in facilities.
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. 3.0794, eff. April 2, 2015.
2023 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 F. Medical Care › Section 252.152. Required Medical Examination

Sec. 252.152.  REQUIRED MEDICAL EXAMINATION.  (a)  The department shall require each resident to be given at least one medical examination each year.
(b)  The executive commissioner shall specify the details of the examination.
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. 3.0795, eff. April 2, 2015.
2023 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 G. Respite Care › Section 252.181. Definitions

Sec. 252.181.  DEFINITIONS.  In this subchapter:
(1)  "Plan of care" means a written description of the care, training, and treatment needed by a person during respite care.
(2)  "Respite care" means the provision by a facility to a person, for not more than two weeks for each stay in the facility, of:
(A)  room and board;  and
(B)  care at the level ordinarily provided for permanent residents.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
2023 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 G. Respite Care › Section 252.182. Respite Care

Sec. 252.182.  RESPITE CARE.  (a)  A facility licensed under this chapter may provide respite care for an individual who has a diagnosis of an intellectual disability or a related condition without regard to whether the individual is eligible to receive intermediate care services under federal law.
(b)  The executive commissioner may adopt rules for the regulation of respite care provided by a facility licensed under this chapter.
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. 3.0796, eff. April 2, 2015.
2023 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 G. Respite Care › Section 252.183. Plan of Care

Sec. 252.183.  PLAN OF CARE.  (a)  The facility and the person arranging the care must agree on the plan of care and the plan must be filed at the facility before the facility admits the person for the care.
(b)  The plan of care must be signed by:
(1)  a licensed physician if the person for whom the care is arranged needs medical care or treatment;  or
(2)  the person arranging for the respite care if medical care or treatment is not needed.
(c)  The facility may keep an agreed plan of care for a person for not longer than six months from the date on which it is received.  After each admission, the facility shall review and update the plan of care.  During that period, the facility may admit the person as frequently as is needed and as accommodations are available.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
2023 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 G. Respite Care › Section 252.184. Notification

Sec. 252.184.  NOTIFICATION.  A facility that offers respite care shall notify the department in writing that it offers respite care.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
2023 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 G. Respite Care › Section 252.185. Inspections

Sec. 252.185.  INSPECTIONS.  The department, at the time of an ordinary licensing inspection or at other times determined necessary by the department, shall inspect a facility's records of respite care services, physical accommodations available for respite care, and the plan of care records to ensure that the respite care services comply with the licensing standards of this chapter and with any rules the executive commissioner may adopt to regulate respite care services.
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. 3.0797, eff. April 2, 2015.