reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter B. Licensing of End Stage Renal Disease Facilities › Section 251.011. License Required

Sec. 251.011.  LICENSE REQUIRED.  Except as provided by Section 251.012, a person may not operate an end stage renal disease facility without a license issued under this chapter.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter B. Licensing of End Stage Renal Disease Facilities › Section 251.012. Exemptions From Licensing Requirement

Sec. 251.012.  EXEMPTIONS FROM LICENSING REQUIREMENT.  The following facilities are not required to be licensed under this chapter:
(1)  a home and community support services agency licensed under Chapter 142 with a home dialysis designation;
(2)  a hospital licensed under Chapter 241 that provides dialysis only to individuals receiving:
(A)  inpatient services from the hospital; or
(B)  outpatient services due to a disaster declared by the governor or a federal disaster declared by the president of the United States occurring in this state or another state during the term of the disaster declaration;
(3)  a hospital operated by or on behalf of the state as part of the managed health care provider network established under Chapter 501, Government Code, that provides dialysis only to individuals receiving:
(A)  inpatient services from the hospital; or
(B)  outpatient services while serving a term of confinement in a facility operated by or under contract with the Texas Department of Criminal Justice;
(4)  an end stage renal disease facility operated by or on behalf of the state as part of the managed health care provider network established under Chapter 501, Government Code, that provides dialysis only to individuals receiving those services while serving a term of confinement in a facility operated by or under contract with the Texas Department of Criminal Justice; or
(5)  the office of a physician unless the office is used primarily as an end stage renal disease facility.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 3.02, eff. September 1, 2009.
Reenacted by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 12.002, eff. September 1, 2011.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 65.05, eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter B. Licensing of End Stage Renal Disease Facilities › Section 251.013. Issuance and Renewal of License

Sec. 251.013.  ISSUANCE AND RENEWAL OF LICENSE.  (a)  An applicant for a license under this chapter must submit an application to the department on a form prescribed by the department.
(b)  Each application must be accompanied by a nonrefundable license fee.
(c)  Each application must contain evidence that there is at least one qualified physician on the staff of the facility and that each dialysis technician on staff has completed the training program required by this chapter.
(d)  The department may grant a temporary initial license to an applicant.  The temporary initial license expires on the earlier of:
(1)  the date the department issues or denies the license;  or
(2)  the date six months after the date the temporary initial license was issued.
(e)  The department shall issue a license if, after inspection and investigation, it finds the applicant meets the requirements of this chapter and the standards adopted under this chapter.
(f)  The license is renewable every two years after submission of:
(1)  the renewal application and fee; and
(2)  a report on a form prescribed by the department.
(g)  The report required under Subsection (f) must include information related to the quality of care at the end stage renal disease facility.  The report must be in the form and documented by evidence as required by department rule.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0761, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter B. Licensing of End Stage Renal Disease Facilities › Section 251.014. Minimum Standards

Sec. 251.014.  MINIMUM STANDARDS.  (a)  The rules adopted under Section 251.003 must contain minimum standards to protect the health and safety of a patient of an end stage renal disease facility, including standards for:
(1)  the qualifications and supervision of the professional staff, including physicians, and other personnel;
(2)  the equipment used by the facility is compatible with the health and safety of the patients;
(3)  the sanitary and hygienic conditions in the facility;
(4)  quality assurance for patient care;
(5)  the provision and coordination of treatment and services by the facility;
(6)  clinical records maintained by the facility;
(7)  design and space requirements for the facility for safe access by patients and personnel and for ensuring patient privacy;
(8)  indicators of the quality of care provided by the facility;  and
(9)  water treatment and reuse by the facility.
(b)  The standards described in Subsection (a)(7) of this section shall apply only:
(1)  to a facility which initiates the provision of end stage renal disease services on or after September 1, 1996;  or
(2)  to the area of a facility affected by design and space modifications or renovations completed after September 1, 1996.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter B. Licensing of End Stage Renal Disease Facilities › Section 251.015. Medical Review Board

Sec. 251.015.  MEDICAL REVIEW BOARD.  (a)  A medical review board shall advise the executive commissioner and the department on minimum standards and rules to be adopted by the executive commissioner under this chapter.
(b)  The medical review board shall review the information on quality of care provided in the annual report filed under Section 251.013(f) and other appropriate information provided to or compiled by the department with respect to an end stage renal disease facility.  Based on the review, the medical review board may advise the department about the quality of care provided by a facility and recommend an appropriate corrective action plan under Section 251.061 or other enforcement proceedings against the facility.
(c)  Information concerning quality of care provided to or compiled by the department or medical review board and a recommendation of the medical review board are confidential.  The information or recommendation may not be made available for public inspection, is not subject to disclosure under Chapter 552, Government Code, and is not subject to discovery, subpoena, or other compulsory legal process.
(d)  The department, in its discretion, may release to a facility information relating to that facility that is made confidential under Subsection (c).  Release of information to a facility under this subsection does not waive the confidentiality of that information or the privilege from compulsory legal process.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0762, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter C. Dialysis Technicians › Section 251.031. Training Required

Sec. 251.031.  TRAINING REQUIRED.  An individual may not act as a dialysis technician employed by or working in an end stage renal disease facility unless that individual is trained and competent under this subchapter.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter C. Dialysis Technicians › Section 251.032. Minimum Requirements; Training

Sec. 251.032.  MINIMUM REQUIREMENTS; TRAINING.  The department rules adopted under Section 251.003 shall establish:
(1)  minimum standards for the curricula and instructors used to train individuals to act as dialysis technicians;
(2)  minimum standards for the determination of the competency of individuals who have been trained as dialysis technicians;
(3)  minimum requirements for documentation that an individual has been trained and determined to be competent as a dialysis technician and the acceptance of that documentation by another end stage renal disease facility that may later employ the individual; and
(4)  the acts and practices that are allowed or prohibited for dialysis technicians.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0763, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter C. Dialysis Technicians › Section 251.033. Provision of Home Dialysis Care in Nursing Facilities

Sec. 251.033.  PROVISION OF HOME DIALYSIS CARE IN NURSING FACILITIES.  (a)  A dialysis technician may provide home dialysis care in a nursing facility, including hemodialysis, only if:
(1)  the care is provided under the personal supervision of a registered nurse who is:
(A)  in compliance with all commission rules under 26 T.A.C. Section 558.405 regarding training and competency for registered nurses to provide care at end stage renal disease facilities; and
(B)  employed by the same entity that employs the dialysis technician; and
(2)  the dialysis technician has complied with all commission rules regarding training and competency for dialysis technicians.
(b)  For purposes of this section, "personal supervision" means supervision of a dialysis technician by a registered nurse who is physically present in the room during the administration of dialysis services by the dialysis technician.
Added by Acts 2021, 87th Leg., R.S., Ch. 955 (S.B. 1692), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter D. Inspections › Section 251.051. Inspections

Sec. 251.051.  INSPECTIONS.  (a)  The department may conduct an inspection of an end stage renal disease facility to verify compliance with this chapter, rules adopted under this chapter, or a corrective action plan under Section 251.061.
(b)  An inspection conducted under this section may be unannounced.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter D. Inspections › Section 251.052. Disclosure of Unannounced Inspection; Criminal Penalty

Sec. 251.052.  DISCLOSURE OF UNANNOUNCED INSPECTION;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person intentionally, knowingly, or recklessly discloses to an unauthorized person the date or time of or any other fact about an unannounced inspection of an end stage renal disease facility before the inspection occurs.
(b)  In this section, "unauthorized person" does not include:
(1)  the department;
(2)  the Health and Human Services Commission, including the office of the inspector general;
(3)  the office of the attorney general; or
(4)  any other person 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 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0764, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter E. Enforcement › Section 251.062. Denial, Suspension, Probation, or Revocation of License

Sec. 251.062.  DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE.  (a)  The department may deny, suspend, or revoke a license issued under this chapter for a violation of this chapter or a rule adopted under this chapter.
(b)  The denial, suspension, or revocation of a license by the department and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.
(c)  If the department finds that an end stage renal disease facility is in repeated noncompliance with this chapter or rules adopted under this chapter but that the noncompliance does not endanger public health and safety, the department may schedule the facility for probation rather than suspending or revoking the facility's license.  The department shall provide notice to the facility of the probation and of the items of noncompliance not later than the 10th day before the date the probation period begins.  The department shall designate a period of not less than 30 days during which the facility will remain under probation.  During the probation period, the facility must correct the items that were in noncompliance and report the corrections to the department for approval.
(d)  The department may suspend or revoke the license of an end stage renal disease facility that does not correct items that were in noncompliance or that does not comply with this chapter or the rules adopted under this chapter within the applicable probation period.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.  Amended by Acts 2003, 78th Leg., ch. 802, Sec. 11, 12, eff. June 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter E. Enforcement › Section 251.0621. Emergency Suspension

Sec. 251.0621.  EMERGENCY SUSPENSION.  The department may issue an emergency order to suspend a license issued under this chapter if the department has reasonable cause to believe that the conduct of a license holder creates an immediate danger to the public health and safety.  An emergency suspension is effective immediately without a hearing on notice to the license holder.  On written request of the license holder, the department shall refer the matter to the State Office of Administrative Hearings, and an administrative law judge of that office shall conduct a hearing not earlier than the 10th day or later than the 30th day after the date the hearing request is received to determine if the emergency suspension is to be continued, modified, or rescinded.  The hearing and any appeal are governed by the department's rules for a contested case hearing and Chapter 2001, Government Code.
Added by Acts 2003, 78th Leg., ch. 802, Sec. 13, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0765, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter E. Enforcement › Section 251.063. Injunction

Sec. 251.063.  INJUNCTION.  (a)  The department may petition a district court for a temporary restraining order to restrain a continuing violation of this chapter or a rule adopted under this chapter if the department finds that the violation creates an immediate threat to the health and safety of patients of an end stage renal disease facility.
(b)  A district court, on petition of the department and on a finding that a person is violating this chapter or a rule adopted under this chapter, may by injunction:
(1)  prohibit a person from continuing the violation;
(2)  restrain or prevent the operation of an end stage renal disease facility without a license issued under this chapter;  or
(3)  grant other injunctive relief warranted by the facts.
(c)  The attorney general may institute and conduct a suit authorized by this section at the request of the department.
(d)  Venue for a suit brought under this section is in the county in which the end stage renal disease facility is located or in Travis County.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter E. Enforcement › Section 251.064. Criminal Penalty

Sec. 251.064.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 251.011 or 251.031.
(b)  An offense under this section is a Class C misdemeanor.
(c)  Each day of a continuing violation constitutes a separate offense.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter E. Enforcement › Section 251.065. Civil Penalty

Sec. 251.065.  CIVIL PENALTY.  (a)  A person who knowingly violates this chapter or who knowingly fails to comply with a rule adopted under this chapter is liable for a civil penalty of not more than $1,000 for each violation if the department finds that the violation threatens the health and safety of a patient of an end stage renal disease facility.
(b)  Each day of a continuing violation constitutes a separate ground for recovery.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter E. Enforcement › Section 251.066. Administrative Penalty

Sec. 251.066.  ADMINISTRATIVE PENALTY.  (a)  The department may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter.
(b)  The penalty may not exceed $1,000 for each violation.  Each day of a continuing violation constitutes a separate violation.
(c)  In determining the amount of an administrative penalty assessed under this section, the department shall consider:
(1)  the seriousness of the violation;
(2)  the history of previous violations;
(3)  the amount necessary to deter future violations;
(4)  efforts made to correct the violation;  and
(5)  any other matters that justice may require.
(d)  All proceedings for the assessment of an administrative penalty under this chapter are subject to Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter E. Enforcement › Section 251.067. Report Recommending Administrative Penalty

Sec. 251.067.  REPORT RECOMMENDING ADMINISTRATIVE PENALTY.  (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 alleged to have committed the violation.  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 251.066(c);  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 the notice is received, the person notified may accept the determination of the department made under this section, including the recommended penalty, or make a written request for a hearing on that determination.
(c)  If the person notified of the violation accepts the determination of the department, the department shall order the person to pay the recommended penalty.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0766, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter E. Enforcement › Section 251.068. Hearing; Order

Sec. 251.068.  HEARING; ORDER.  (a)  If the person notified fails to respond in a timely manner to the notice under Section 251.067(b) or if the person requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings and an administrative law judge of that office shall conduct the hearing.
(a-1)  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 written 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 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0767, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter E. Enforcement › Section 251.070. Penalty Deposited to State Treasury

Sec. 251.070.  PENALTY DEPOSITED TO STATE TREASURY.  A civil or administrative penalty collected under this chapter shall be deposited in the state treasury to the credit of the general revenue fund.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter E. Enforcement › Section 251.071. Recovery of Costs

Sec. 251.071.  RECOVERY OF COSTS.  (a)  The department may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, the person's license is denied, suspended, or revoked or if administrative penalties are assessed against the person.  The person shall pay expenses and costs assessed under this subsection not later than the 30th day after the date a department order requiring the payment of expenses and costs is final.  The department may refer the matter to the attorney general for collection of the expenses and costs.
(b)  If the attorney general brings an action against a person under Section 251.063 or 251.065 or to enforce an administrative penalty assessed under Section 251.066, 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.
(c)  For purposes of this section, "reasonable expenses and costs" include expenses incurred by the department and the attorney general in the investigation, initiation, or prosecution of an action, including reasonable investigative costs, court costs, attorney's fees, witness fees, and deposition expenses.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1996.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0769, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter F. Temporary Manager › Section 251.091. Appointment by Agreement

Sec. 251.091.  APPOINTMENT BY AGREEMENT.  (a)  A person holding a controlling interest in an end stage renal disease facility may, at any time, request the department to assume the management of the facility through the appointment of a temporary manager under this subchapter.
(b)  After receiving the request, the department may enter into an agreement providing for the appointment of a temporary manager to manage the facility under conditions considered appropriate by both parties if the department considers the appointment desirable.
(c)  An agreement under this section must:
(1)  specify all terms and conditions of the temporary manager's appointment and authority;  and
(2)  preserve all rights of the individuals served by the facility granted by law.
(d)  The primary duty of the temporary manager is to ensure that adequate and safe services are provided to patients until temporary management ceases.
(e)  The appointment terminates at the time specified by the agreement.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter F. Temporary Manager › Section 251.092. Involuntary Appointment

Sec. 251.092.  INVOLUNTARY APPOINTMENT.  (a)  The department may request the attorney general to bring an action in the name and on behalf of the state for the appointment of a temporary manager to manage an end stage renal disease facility if:
(1)  the facility is operating without a license;
(2)  the department has denied, suspended, or revoked the facility's license but the facility continues to operate;
(3)  license denial, suspension, or revocation proceedings against the facility are pending and the department determines that an imminent or reasonably foreseeable threat to the health and safety of a patient of the facility exists;
(4)  the department determines that an emergency exists that presents an immediate threat to the health and safety of a patient of the facility;
(5)  the facility is closing and arrangements for the care of patients by other licensed facilities have not been made before closure;  or
(6)  the department determines a level three corrective action plan under Section 251.061 that includes appointment of a temporary manager is necessary to address serious or life-threatening conditions at the facility.
(b)  After a hearing, a court shall appoint a temporary manager to manage a facility if the court finds that the appointment of the manager is necessary.
(c)  The court order shall address the duties and authority of the temporary manager, which may include management of the facility and the provision of dialysis services to facility patients until specified circumstances occur, such as new ownership of the facility, compliance with this chapter and rules adopted under this chapter, or closure of the facility.
(d)  If possible, the court shall appoint as temporary manager an individual whose background includes administration of end stage renal disease facilities or similar facilities.
(e)  Venue for an action under this section is in Travis County.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 251 - End Stage Renal Disease Facilities › Subchapter F. Temporary Manager › Section 251.093. Fee; Release of Funds

Sec. 251.093.  FEE;  RELEASE OF FUNDS.  (a)  A temporary manager appointed under Section 251.092 is entitled to a reasonable fee as determined by the court.  The fee shall be paid by the facility.
(b)  The temporary manager may petition the court to order the release to the manager of any payment owed the manager for care and services provided to patients of the facility if the payment has been withheld.
(c)  Withheld payments that may be released under Subsection (b) may include payments withheld by a governmental agency or other entity before or during the appointment of the temporary manager, including:
(1)  Medicaid, Medicare, or insurance payments;  or
(2)  payments from another third party.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.
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 A. General Provisions › Section 252.001. Purpose

Sec. 252.001.  PURPOSE.  The purpose of this chapter is to promote the public health, safety, and welfare by providing for the development, establishment, and enforcement of standards for the provision of services to individuals residing in intermediate care facilities for individuals with an intellectual disability and the establishment, construction, maintenance, and operation of facilities providing this service that, in light of advancing knowledge, will promote quality in the delivery of services and treatment of residents.
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. 3.0771, 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 A. General Provisions › Section 252.002. Definitions

Sec. 252.002.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Health and Human Services Commission.
(1-a)  "Commissioner" means the commissioner of aging and disability services.
(2)  "Department" means the Department of Aging and Disability Services.
(3)  "Designee" means a state agency or entity with which the department contracts to perform specific, identified duties related to the fulfillment of a responsibility prescribed by this chapter.
(3-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(4)  "Facility" means a home or an establishment that:
(A)  furnishes food, shelter, and treatment or services to four or more individuals unrelated to the owner;
(B)  is primarily for the diagnosis, treatment, or rehabilitation of individuals with an intellectual disability or related conditions; and
(C)  provides in a protected setting continuous evaluation, planning, 24-hour supervision, coordination, and integration of health or rehabilitative services to help each resident function at the resident's greatest ability.
(5)  "Governmental unit" means the state or a political subdivision of the state, including a county or municipality.
(6)  "Person" means an individual, firm, partnership, corporation, association, or joint stock company and includes a legal successor of those entities.
(7)  "Resident" means an individual, including a client, with an intellectual disability or a related condition who is residing in 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. 3.0772, 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 A. General Provisions › Section 252.003. Exemptions

Sec. 252.003.  EXEMPTIONS.  Except as otherwise provided by this chapter, this chapter does not apply to:
(1)  an establishment that:
(A)  provides training, habilitation, rehabilitation, or education to individuals with an intellectual disability or related conditions;
(B)  is operated under the jurisdiction of a state or federal agency, including the department, commission, Department of Assistive and Rehabilitative Services, Department of State Health Services, Texas Department of Criminal Justice, and United States Department of Veterans Affairs; and
(C)  is certified through inspection or evaluation as meeting the standards established by the state or federal agency; or
(2)  an establishment that is conducted by or for the adherents of a well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of individuals who are ill and who depend exclusively on prayer or spiritual means for healing, without the use of any drug or material remedy, if the establishment complies with safety, sanitary, and quarantine laws and rules.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.094, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0773, 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 A. General Provisions › Section 252.004. Allocated Federal Money

Sec. 252.004.  ALLOCATED FEDERAL MONEY.  The department may accept and use any money allocated by the federal government to the department for administrative expenses.
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 A. General Provisions › Section 252.005. Language Requirements Prohibited

Sec. 252.005.  LANGUAGE REQUIREMENTS PROHIBITED.  A facility 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 care, training, or treatment.
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 A. General Provisions › Section 252.006. Rights of Residents

Sec. 252.006.  RIGHTS OF RESIDENTS.  Each facility shall implement and enforce Chapter 102, Human Resources Code.
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 A. General Provisions › Section 252.007. Paperwork Reduction Rules

Sec. 252.007.  PAPERWORK REDUCTION RULES.  (a)  The executive commissioner shall  adopt rules to reduce the amount of paperwork a facility 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 each facility shall work together to review rules and propose changes in paperwork requirements so that additional time is available for direct resident care.
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. 3.0774, 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 A. General Provisions › Section 252.008. Rules Generally

Sec. 252.008.  RULES GENERALLY.   The executive commissioner shall adopt rules related to the administration and implementation of this chapter.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 160, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0775, 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 A. General Provisions › Section 252.0085. Restraint and Seclusion

Sec. 252.0085.  RESTRAINT AND SECLUSION.  A person providing services to a resident of a facility licensed by the department under this chapter or operated by the department and exempt under Section 252.003 from the licensing requirements of this chapter shall comply with Chapter 322 and the rules adopted under that chapter.
Added by Acts 2005, 79th Leg., Ch. 698 (S.B. 325), 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 A. General Provisions › Section 252.009. Consultation and Coordination

Sec. 252.009.  CONSULTATION AND COORDINATION.  (a)  Whenever possible, the department shall:
(1)  use the services of and consult with state and local agencies in carrying out the department's functions under this chapter; and
(2)  use the facilities of the department, particularly in establishing and maintaining standards relating to the humane treatment of residents.
(b)  The department may cooperate with local public health officials of a municipality or county in carrying out this chapter and may delegate to those officials the power to make inspections and recommendations to the department under 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.
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. 3.0776, 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 A. General Provisions › Section 252.010. Change of Administrators; Fee

Sec. 252.010.  CHANGE OF ADMINISTRATORS;  FEE.  A facility that hires a new administrator or other person designated as the chief management officer for the facility shall:
(1)  notify the department in writing of the change 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.
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 A. General Provisions › Section 252.011. Prohibition of Remuneration

Sec. 252.011.  PROHIBITION OF REMUNERATION.  (a)  A facility may not receive monetary or other remuneration from a person or agency that furnishes services or materials to the facility or residents for a fee.
(b)  The department may revoke the license of a facility that violates Subsection (a).
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 252.031. License Required

Sec. 252.031.  LICENSE REQUIRED.  A person or governmental unit, acting severally or jointly with any other person or governmental unit, may not establish, conduct, or maintain a facility in this state without a license issued under this chapter.
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 252.0311. Person Ineligible for License

Sec. 252.0311.  PERSON INELIGIBLE FOR LICENSE.  (a)  In this section, "controlling person" means a person who, acting alone or with others, has the ability to directly or indirectly influence, direct, or cause the direction of the management, expenditure of money, or policies of a facility or a person who operates a facility.  The term includes:
(1)  a management company or other business entity that operates or contracts with others for the operation of a facility;
(2)  a person who is a controlling person of a management company or other business entity that operates a facility or that contracts with another person for the operation of a facility; and
(3)  any other individual who, because of a personal, familial, or other relationship with the owner, manager, or provider of a facility, is in a position of actual control or authority with respect to the facility, without regard to whether the individual is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the facility.
(b)  A controlling person described by Subsection (a)(3) does not include an employee, lender, secured creditor, or other person who does not exercise formal or actual influence or control over the operation of a facility.
(c)  The executive commissioner may adopt rules that specify the ownership interests and other relationships that qualify a person as a controlling person.
(d)  A person is not eligible for a license or to renew a license if the applicant, a controlling person with respect to the applicant, or an administrator or chief financial officer of the applicant has been convicted of an offense that would bar a person's employment at a facility in accordance with Chapter 250.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 10, eff. June 11, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0777, 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 252.032. License Application

Sec. 252.032.  LICENSE APPLICATION.  (a)  An application for a license is made to the department on a form provided by the department and must be accompanied by the license fee adopted under Section 252.034.
(b)  The application must contain information that the department requires.  The department may require affirmative evidence of ability to comply with the standards and rules adopted under this chapter.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
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 252.033. Issuance and Renewal of License

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

Sec. 252.034.  LICENSE FEES.  (a)  The executive commissioner by rule may adopt a fee for a license issued under this chapter.  The fee may not exceed $225 plus $7.50 for each unit of capacity or bed space for which the license is sought.
(b)  The license fee must be paid with each application for an initial license or for a renewal or change of ownership of a license.
(c)  A facility operated by the state is not required to pay a license fee.
(d)  The executive commissioner by rule may adopt an additional fee for the approval of an increase in bed space.
(e)  All license fees collected under this section shall be deposited in the state treasury to the credit of the commission and may be appropriated to the commission to administer and enforce this chapter.
(f)  An applicant who submits an application for license renewal later than the 45th day before the expiration date of a current license is subject to a late fee in accordance with commission rules.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 19, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0779, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 13, eff. September 1, 2017.