reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter D. Trustees for Nursing or Convalescent Homes › Section 242.100. Notification of Closing

Sec. 242.100.  NOTIFICATION OF CLOSING.  (a)  A home that is closing temporarily or permanently, or 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 closing.
(b)  If the closing of a home is ordered by the department or is in any other way involuntary, the home shall make the notification, orally or in writing, immediately on receiving notice of the closing.
(c)  If the closing of a home is voluntary, the home shall make the notification not later than one week after the date on which the decision to close is made.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter D. Trustees for Nursing or Convalescent Homes › Section 242.101. Criminal Penalty

Sec. 242.101.  CRIMINAL PENALTY.  (a)  A home commits an offense if the home fails or refuses to comply with Section 242.100.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter D. Trustees for Nursing or Convalescent Homes › Section 242.102. Ineligibility for License

Sec. 242.102.  INELIGIBILITY FOR LICENSE.  (a)  A license holder or controlling person who operates a home for which a trustee is appointed under this subchapter and with respect to which emergency assistance funds, other than funds used to pay the expenses of the trustee, are used under this subchapter is subject to exclusion from eligibility for:
(1)  issuance of an original license for a home for which the person has not previously held a license;  or
(2)  renewal of the license for the home for which the trustee is appointed.
(b)  Exclusion under this section is governed by Section 242.0615.
Added by Acts 1999, 76th Leg., ch. 439, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter F. Medical, Nursing, and Dental Services Other Than Administration of Medication › Section 242.151. Physician Services

Sec. 242.151.  PHYSICIAN SERVICES.  (a)  An institution shall have at least one medical director who is licensed as a physician in this state.
(b)  The attending physician is responsible for a resident's assessment and comprehensive plan of care and shall review, revise, and sign orders relating to any medication or treatment in the plan of care.  The responsibilities imposed on the attending physician by this subsection may be performed by an advanced practice nurse or a physician assistant pursuant to protocols jointly developed with the attending physician.
(c)  Each resident has the right to choose a personal attending physician.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter F. Medical, Nursing, and Dental Services Other Than Administration of Medication › Section 242.152. Physician Services for Residents Younger Than 18 Years of Age

Sec. 242.152.  PHYSICIAN SERVICES FOR RESIDENTS YOUNGER THAN 18 YEARS OF AGE.  (a)  An institution shall use appropriate pediatric consultative services for a resident younger than 18 years of age, in accordance with the resident's assessment and comprehensive plan of care.
(b)  A pediatrician or other physician with training or expertise in the clinical care of children with complex medical needs shall participate in all aspects of the resident's medical care.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter F. Medical, Nursing, and Dental Services Other Than Administration of Medication › Section 242.153. Director of Nursing Services

Sec. 242.153.  DIRECTOR OF NURSING SERVICES.  An institution shall have a director of nursing services who shall be a registered nurse.  The director of nursing services is responsible for:
(1)  coordinating each resident's comprehensive plan of care;  and
(2)  ensuring that only personnel with an appropriate license or permit administer medication.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter F. Medical, Nursing, and Dental Services Other Than Administration of Medication › Section 242.154. Nursing Services

Sec. 242.154.  NURSING SERVICES.  (a)  An institution shall provide the nursing care required to allow each resident to achieve and maintain the highest possible degree of function and independence medically possible.
(b)  The institution shall maintain sufficient staff to provide nursing and related services:
(1)  in accordance with each resident's plan of care;  and
(2)  to obtain and maintain the physical, mental, and psychosocial functions of each resident at the highest practicable level, as determined by the resident's assessment and plan of care.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter F. Medical, Nursing, and Dental Services Other Than Administration of Medication › Section 242.155. Pediatric Nursing Services

Sec. 242.155.  PEDIATRIC NURSING SERVICES.  An institution shall ensure that:
(1)  nursing services for a resident younger than 18 years of age are provided by a staff member who has been instructed and has demonstrated competence in the care of children;  and
(2)  consultative pediatric nursing services are available to the staff if the institution has a resident younger than 18 years of age.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter F. Medical, Nursing, and Dental Services Other Than Administration of Medication › Section 242.156. Required Medical Examination

Sec. 242.156.  REQUIRED MEDICAL EXAMINATION.  (a)  Except as required by federal law, the department shall require that each resident 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. 1159, Sec. 1.30, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0630, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter F. Medical, Nursing, and Dental Services Other Than Administration of Medication › Section 242.157. Dental Examination

Sec. 242.157.  DENTAL EXAMINATION.  (a)  The department shall require that each resident of an institution or the resident's custodian be asked at least once each year if the resident desires a dental examination and possible treatment at the resident's own expense.
(b)  Each institution shall be encouraged to use all reasonable efforts to arrange for a dental examination for each resident who desires one.
(c)  The institution is not liable for any costs relating to a dental examination under this section.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.30, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter F. Medical, Nursing, and Dental Services Other Than Administration of Medication › Section 242.158. Identification of Certain Nursing Facility Residents Requiring Mental Health or Intellectual Disability Services

Sec. 242.158.  IDENTIFICATION OF CERTAIN NURSING FACILITY RESIDENTS REQUIRING MENTAL HEALTH OR INTELLECTUAL DISABILITY SERVICES.  (a)  Each resident of a nursing facility who is considering making a transition to a community-based care setting shall be identified to determine the presence of a mental illness or intellectual disability, regardless of whether the resident is receiving treatment or services for a mental illness or intellectual disability.
(b)  In identifying residents having a mental illness or intellectual disability, the department shall use an identification process that is at least as effective as the mental health and intellectual disability identification process established by federal law.  The results of the identification process may not be used to prevent a resident from remaining in the nursing facility unless the nursing facility is unable to provide adequate care for the resident.
(c)  The department shall compile information regarding each resident identified as having a mental illness or intellectual disability before the resident makes a transition from the nursing facility to a community-based care setting.  The department shall provide to the Department of State Health Services information regarding each resident identified as having a mental illness.
(d)  The department and the Department of State Health Services shall use the information compiled and provided under Subsection (c) solely for the purposes of:
(1)  determining the need for and funding levels of mental health and intellectual disability services for residents making a transition from a nursing facility to a community-based care setting;
(2)  providing mental health or intellectual disability services to an identified resident after the resident makes that transition; and
(3)  referring an identified resident to a local mental health or local intellectual and developmental disability authority or private provider for additional mental health or intellectual disability services.
(e)  This section does not authorize the department to decide for a resident of a nursing facility that the resident will make a transition from the nursing facility to a community-based care setting.
Added by Acts 2001, 77th Leg., ch. 423, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0631, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter F. Medical, Nursing, and Dental Services Other Than Administration of Medication › Section 242.159. Automated External Defibrillators

Sec. 242.159.  AUTOMATED EXTERNAL DEFIBRILLATORS.  (a)  An institution shall have available for use at the institution an automated external defibrillator, as defined by Section 779.001, and shall comply with the training, use, and notification requirements of Chapter 779.
(b)  An institution that does not have funds available for purposes of Subsection (a) may solicit gifts, grants, or donations to purchase or maintain an automated external defibrillator for use at the institution.
(c)  The use of an automated external defibrillator must be consistent with a resident's advance directive executed or issued under Subchapter C, Chapter 166.
(d)  Notwithstanding Section 74.151(b), Civil Practice and Remedies Code, Section 74.151(a), Civil Practice and Remedies Code, applies to administration of emergency care using an automated external defibrillator by an employee or volunteer at an institution.
(e)  An institution shall employ at least one person who is trained in the proper use of an automated external defibrillator.
Added by Acts 2009, 81st Leg., R.S., Ch. 257 (H.B. 392), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(b), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter G. Respite Care › Section 242.181. Definitions

Sec. 242.181.  DEFINITIONS.  In this subchapter:
(1)  "Person with a disability" means a person whose physical or mental functioning is impaired to the extent that the person needs medical attention, counseling, physical therapy, therapeutic or corrective equipment, or another person's attendance and supervision.
(2)  "Plan of care" means a written description of the medical care or the supervision and nonmedical care needed by a person during respite care.
(3)  "Respite care" means the provision by an institution to a person, for not more than two weeks for each stay in the institution, of:
(A)  room and board;  and
(B)  care at the level ordinarily provided for permanent residents.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0632, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter G. Respite Care › Section 242.182. Respite Care

Sec. 242.182.  RESPITE CARE.  (a)  An institution licensed under this chapter may provide respite care for an elderly person or a person with a disability according to a plan of care.
(b)  The executive commissioner may adopt rules for the regulation of respite care provided by an institution licensed under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0633, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter G. Respite Care › Section 242.183. Plan of Care

Sec. 242.183.  PLAN OF CARE.  (a)  The institution and the person arranging the care must agree on the plan of care and the plan must be filed at the institution before the institution 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 institution may keep an agreed plan of care for a person for not longer than six months from the date on which it is received.  During that period, the institution may admit the person as frequently as is needed and as accommodations are available.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter G. Respite Care › Section 242.184. Notification

Sec. 242.184.  NOTIFICATION.  An institution that offers respite care shall notify the department in writing that it offers respite care.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter G. Respite Care › Section 242.185. Inspections

Sec. 242.185.  INSPECTIONS.  The department, at the time of an ordinary licensing inspection or at other times determined necessary by the department, shall inspect an institution'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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0634, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter G. Respite Care › Section 242.186. Suspension

Sec. 242.186.  SUSPENSION.  (a)  The department may require an institution to cease providing respite care if the department determines that the respite care does not meet the standards required by this chapter and that the institution cannot comply with those standards in the respite care it provides.
(b)  The department may suspend the license of an institution that continues to provide respite care after receiving a written order from the department to cease.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. Care for Residents With Alzheimer's Disease and Related Disorders › Section 242.201. Scope of Subchapter

Sec. 242.201.  SCOPE OF SUBCHAPTER.  This subchapter applies only to an institution that advertises, markets, or otherwise promotes that the institution provides services to residents with Alzheimer's disease and related disorders.
Added by Acts 1995, 74th Leg., ch. 38, Sec. 1, eff. May 5, 1995.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. Care for Residents With Alzheimer's Disease and Related Disorders › Section 242.202. Disclosure Required

Sec. 242.202.  DISCLOSURE REQUIRED.  (a)  An institution covered by this subchapter shall provide a disclosure statement disclosing the nature of its care or treatment of residents with Alzheimer's disease and related disorders to:
(1)  an individual seeking placement as a resident with Alzheimer's disease or a related disorder;
(2)  an individual attempting to place another individual as a resident with Alzheimer's disease or a related disorder;  or
(3)  a person seeking information about the institution's care or treatment of residents with Alzheimer's disease and related disorders.
(b)  The disclosure statement must be displayed with the institution's license as it is posted under Section 242.042.
(c)  The institution must file the disclosure statement with the department as part of the report filed under Section 242.033(d).  The department shall verify contents of the disclosure statement as part of the license renewal process.
(d)  The disclosure statement must contain the following categories of information:
(1)  the institution's philosophy of care;
(2)  whether the institution is certified under Section 242.040 for the provision of specialized care and treatment of residents with Alzheimer's disease and related disorders;
(3)  the preadmission, admission, and discharge process;
(4)  resident assessment, care planning, and implementation of the care plan;
(5)  staffing patterns, such as resident-to-staff ratios, and staff training;
(6)  the physical environment of the institution;
(7)  resident activities;
(8)  program costs;
(9)  systems for evaluation of the institution's programs for residents;
(10)  family involvement in resident care; and
(11)  the toll-free telephone number maintained by the department for acceptance of complaints against the institution.
(e)  The institution must update the disclosure statement as needed to reflect changes in the operation of the institution.
Added by Acts 1995, 74th Leg., ch. 38, Sec. 1, eff. May 5, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1256 (H.B. 2588), Sec. 2, eff. June 20, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. Care for Residents With Alzheimer's Disease and Related Disorders › Section 242.203. Violation

Sec. 242.203.  VIOLATION.  (a)  An institution that violates this subchapter is subject to an administrative penalty under Subchapter C.
(b)  The department may not revoke or suspend the license of an institution for a violation of this subchapter.
Added by Acts 1995, 74th Leg., ch. 38, Sec. 1, eff. May 5, 1995.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. Care for Residents With Alzheimer's Disease and Related Disorders › Section 242.204. Rules

Sec. 242.204.  RULES.  The executive commissioner shall adopt rules governing:
(1)  the content of the disclosure statement required by this subchapter, consistent with the information categories required by Section 242.202(d); and
(2)  the amount of an administrative penalty to be assessed for a violation of this subchapter.
Added by Acts 1995, 74th Leg., ch. 38, Sec. 1, eff. May 5, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0635, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -1. Automated Medicaid Patient Care and Reimbursement System › Section 242.221. Automated System for Medicaid Patient Care and Reimbursement

Sec. 242.221.  AUTOMATED SYSTEM FOR MEDICAID PATIENT CARE AND REIMBURSEMENT.  (a)  The department shall acquire and develop an automated system for providing reimbursements to nursing facilities under the state Medicaid program, subject to the availability of funds appropriated for that purpose.
(b)  The department shall select an automated system that will allow the addition of other components of the state Medicaid program, including components administered by other state agencies.
(c)  The department and the commission shall work together to apply for all available federal funds to help pay for the automated system.
(d)  To the extent possible, the department shall assist nursing facilities to make systems compatible with the automated system selected by the department.
(e)  The department shall charge a fee to nursing facilities that do not receive their Medicaid reimbursements electronically.  The executive commissioner by rule shall set the fee in an amount necessary to cover the costs of manually processing and sending the reimbursements.
Added by Acts 1995, 74th Leg., ch. 189, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Health and Safety Code Sec. 242.201 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(55), eff. Sept. 1, 1997;  amended by Acts 1997, 75th Leg., ch. 530, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0636, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -1. Automated Medicaid Patient Care and Reimbursement System › Section 242.222. Data Used by System

Sec. 242.222.  DATA USED BY SYSTEM.  The automated patient care and reimbursement system must use a form designed by the United States Health Care Financing Administration for nursing facility use.
Added by Acts 1995, 74th Leg., ch. 189, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Health and Safety Code Sec. 242.202 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(55), eff. Sept. 1, 1997;  amended by Acts 1997, 75th Leg., ch. 530, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -1. Automated Medicaid Patient Care and Reimbursement System › Section 242.223. Frequency of Data Submission

Sec. 242.223.  FREQUENCY OF DATA SUBMISSION.  Nursing facilities must complete and electronically submit the designated form to the department at least quarterly for reimbursement.
Added by Acts 1997, 75th Leg., ch. 530, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -1. Automated Medicaid Patient Care and Reimbursement System › Section 242.224. Electronic Claims for Reimbursement

Sec. 242.224.  ELECTRONIC CLAIMS FOR REIMBURSEMENT.  The automated reimbursement system must be able to link the department electronically with nursing facilities making claims for reimbursement.  When the system is operational, each nursing facility shall make claims electronically.
Added by Acts 1995, 74th Leg., ch. 189, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Health and Safety Code Sec. 242.203 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(55), eff. Sept. 1, 1997;  amended by Acts 1997, 75th Leg., ch. 530, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -1. Automated Medicaid Patient Care and Reimbursement System › Section 242.225. Date of Reimbursement

Sec. 242.225.  DATE OF REIMBURSEMENT.  The department shall pay Medicaid nursing facility reimbursement claims that are made electronically not later than the 30th day after the date the claim is made.
Added by Acts 1995, 74th Leg., ch. 189, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Health and Safety Code Sec. 242.204 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(55), eff. Sept. 1, 1997;  amended by Acts 1997, 75th Leg., ch. 530, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -1. Automated Medicaid Patient Care and Reimbursement System › Section 242.226. Rules

Sec. 242.226.  RULES.  The executive commissioner shall adopt rules and make policy changes as necessary to improve the efficiency of the reimbursement process and to maximize the automated reimbursement system's capabilities.
Added by Acts 1995, 74th Leg., ch. 189, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Health and Safety Code Sec. 242.205 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(55), eff. Sept. 1, 1997;  amended by Acts 1997, 75th Leg., ch. 530, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0637, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.251. Scope of Subchapter

Sec. 242.251.  SCOPE OF SUBCHAPTER.  This subchapter applies to any dispute between an institution licensed under this chapter and the department relating to:
(1)  renewal of a license under Section 242.033;
(2)  suspension or revocation of a license under Section 242.061;
(3)  assessment of a civil penalty under Section 242.065;
(4)  assessment of a monetary penalty under Section 242.066; or
(5)  assessment of a penalty as described by Section 32.021(n), Human Resources Code.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0638, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.252. Election of Arbitration

Sec. 242.252.  ELECTION OF ARBITRATION.  (a)  Except as provided by Subsection (d), an affected institution may elect binding arbitration of any dispute to which this subchapter applies.  Arbitration under this subchapter is an alternative to a contested case hearing or to a judicial proceeding relating to the assessment of a civil penalty.
(b)  An affected institution may elect arbitration under this subchapter by filing the election with the court in which the lawsuit is pending and sending notice of the election to the department and the office of the attorney general.  The election must be filed not later than the 10th day after the date on which the answer is due or the date on which the answer is filed, whichever is sooner. If a civil penalty is requested after the initial filing of a Section 242.094 lawsuit through the filing of an amended or supplemental pleading, an affected institution must elect arbitration not later than the 10th day after the date on which the amended or supplemental pleading is served on the affected institution or its counsel.
(c)  The department may elect arbitration under this subchapter by filing the election with the court in which the lawsuit is pending and by notifying the institution of the election not later than the date that the institution may elect arbitration under Subsection (b).
(d)  Arbitration may not be used to resolve a dispute related to an affected institution that has had an award levied against it in the previous five years.
(e)  If arbitration is not permitted under this subchapter or the election of arbitration is not timely filed:
(1)  the court will dismiss the arbitration election and retain jurisdiction of the lawsuit;  and
(2)  the State Office of Administrative Hearings shall dismiss the arbitration and has no jurisdiction over the lawsuit.
(f)  An election to engage in arbitration under this subchapter is irrevocable and binding on the institution and the department.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.253. Arbitration Procedures

Sec. 242.253.  ARBITRATION PROCEDURES.  (a)  The arbitration shall be conducted by an arbitrator.
(b)  The arbitration and the appointment of the arbitrator shall be conducted in accordance with rules adopted by the chief administrative law judge of the State Office of Administrative Hearings.  Before adopting rules under this subsection, the chief administrative law judge shall consult with the department and shall consider appropriate rules developed by any nationally recognized association that performs arbitration services.
(c)  The party that elects arbitration shall pay the cost of the arbitration.  The total fees and expenses paid for an arbitrator for a day may not exceed $500.
(d)  The State Office of Administrative Hearings may designate a nationally recognized association that performs arbitration services to conduct arbitrations under this subchapter and may, after consultation with the department, contract with that association for the arbitrations.
(e)  On request by the department, the attorney general may represent the department in the arbitration.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.254. Arbitrator; Qualifications

Sec. 242.254.  ARBITRATOR;  QUALIFICATIONS.  Each arbitrator must be on an approved list of a nationally recognized association that performs arbitration services or be otherwise qualified as provided in the rules adopted under Section 242.253(b).
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.255. Arbitrator; Selection

Sec. 242.255.  ARBITRATOR;  SELECTION.  The arbitrator shall be appointed in accordance with the rules adopted under Section 242.253(b).
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.256. Duties of Arbitrator

Sec. 242.256.  DUTIES OF ARBITRATOR.  The arbitrator shall:
(1)  protect the interests of the department and the institution;
(2)  ensure that all relevant evidence has been disclosed to the arbitrator, department, and institution;  and
(3)  render an order consistent with this chapter and the rules adopted under this chapter.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.257. Scheduling of Arbitration

Sec. 242.257.  SCHEDULING OF ARBITRATION.  (a)  The arbitrator conducting the arbitration shall schedule arbitration to be held not later than the 90th day after the date the arbitrator is selected and shall notify the department and the institution of the scheduled date.
(b)  The arbitrator may grant a continuance of the arbitration at the request of the department or institution.  The arbitrator may not unreasonably deny a request for a continuance.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.258. Exchange and Filing of Information

Sec. 242.258.  EXCHANGE AND FILING OF INFORMATION.  Not later than the seventh day before the first day of arbitration, the department and the institution shall exchange and file with the arbitrator:
(1)  all documentary evidence not previously exchanged and filed that is relevant to the dispute;  and
(2)  information relating to a proposed resolution of the dispute.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.259. Attendance Required

Sec. 242.259.  ATTENDANCE REQUIRED.  (a)  The arbitrator may proceed in the absence of any party or representative of a party who, after notice of the proceeding, fails to be present or to obtain a postponement.
(b)  An arbitrator may not make an order solely on the default of a party and shall require the party who is present to submit evidence, as required by the arbitrator, before making an award.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.260. Testimony; Record

Sec. 242.260.  TESTIMONY;  RECORD.  (a)  The arbitrator may require witnesses to testify under oath and shall require testimony under oath if requested by the department or the institution.
(b)  The department shall make an electronic recording of the proceeding.
(c)  An official stenographic record of the proceeding is not required, but the department or the institution may make a stenographic record.  The party that makes the stenographic record shall pay the expense of having the record made.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.261. Evidence

Sec. 242.261.  EVIDENCE.  (a)  The department or the institution may offer evidence as they desire and shall produce additional evidence as the arbitrator considers necessary to understand and resolve the dispute.
(b)  The arbitrator is the judge of the relevance and materiality of the evidence offered.  Strict conformity to rules applicable to judicial proceedings is not required.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.262. Closing Statements; Briefs

Sec. 242.262.  CLOSING STATEMENTS;  BRIEFS.  The department and the institution may present closing statements as they desire, but the record may not remain open for written briefs unless requested by the arbitrator.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.263. Ex Parte Contacts Prohibited

Sec. 242.263.  EX PARTE CONTACTS PROHIBITED.  (a)  Except as provided by Subsection (b), the department and the institution may not communicate with an arbitrator other than at an oral hearing unless the parties and the arbitrator agree otherwise.
(b)  Any oral or written communication, other than a communication authorized under Subsection (a), from the parties to an arbitrator shall be directed to the association that is conducting the arbitration or, if there is no association conducting the arbitration, to the State Office of Administrative Hearings, for transmittal to the arbitrator.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.264. Order

Sec. 242.264.  ORDER.  (a)  The arbitrator may enter any order that may be entered by the department, executive commissioner, commissioner, or court under this chapter in relation to a dispute described by Section 242.251.
(b)  The arbitrator shall enter the order not later than the 60th day after the last day of the arbitration.
(c)  The arbitrator shall base the order on the facts established at arbitration, including stipulations of the parties, and on the law as properly applied to those facts.
(d)  The order must:
(1)  be in writing;
(2)  be signed and dated by the arbitrator;  and
(3)  include a statement of the arbitrator's decision on the contested issues and the department's and institution's stipulations on uncontested issues.
(e)  The arbitrator shall file a copy of the order with the department and shall notify the department and the institution in writing of the decision.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0639, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.265. Effect of Order

Sec. 242.265.  EFFECT OF ORDER.  An order of an arbitrator under this subchapter is final and binding on all parties.  Except as provided by Section 242.267, there is no right to appeal.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.266. Clerical Error

Sec. 242.266.  CLERICAL ERROR.  For the purpose of correcting a clerical error, an arbitrator retains jurisdiction of the award for 20 days after the date of the award.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.267. Court Vacating Order

Sec. 242.267.  COURT VACATING ORDER.  (a)  On a finding described by Subsection (b), a court shall:
(1)  on application of an institution, vacate an arbitrator's order with respect to an arbitration conducted at the election of the department;  or
(2)  on application of the department, vacate an arbitrator's order with respect to an arbitration conducted at the election of an institution.
(b)  A court shall vacate an arbitrator's order under Subsection (a) only on a finding that:
(1)  the order was procured by corruption, fraud, or misrepresentation;
(2)  the decision of the arbitrator was arbitrary or capricious and against the weight of the evidence;  or
(3)  the order exceeded the jurisdiction of the arbitrator under Section 242.264(a).
(c)  If the order is vacated, the dispute shall be remanded to the department for another arbitration proceeding.
(d)  A suit to vacate an arbitrator's order must be filed not later than the 30th day after:
(1)  the date of the award;  or
(2)  the date the institution or department knew or should have known of a basis for suit under this section, but in no event later than the first anniversary of the date of the order.
(e)  Venue for a suit to vacate an arbitrator's order is in the county in which the arbitration was conducted.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.268. No Arbitration in Case of Emergency Order or Closing Order

Sec. 242.268.  NO ARBITRATION IN CASE OF EMERGENCY ORDER OR CLOSING ORDER.  This subchapter does not apply to an order issued under Section 242.062 or 242.072, and neither the department nor the institution may elect to arbitrate a dispute if the subject matter of the dispute is part of the basis for:
(1)  revocation, denial, or suspension of an institution's license;
(2)  issuance of a closing order under Section 242.062;  or
(3)  suspension of admissions under Section 242.072.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter H. -2. Arbitration of Certain Disputes › Section 242.269. Enforcement of Certain Arbitration Orders

Sec. 242.269.  ENFORCEMENT OF CERTAIN ARBITRATION ORDERS.  (a)  This section applies only to a suit for the assessment of a civil penalty under Section 242.065 in which binding arbitration has been elected under this subchapter as an alternative to the judicial proceeding.
(b)  On application of a party to the suit, the district court in which the underlying suit has been filed shall enter a judgment in accordance with the arbitrator's order unless, within the time limit prescribed by Section 242.267(d)(1), a motion is made to the court to vacate the arbitrator's order in accordance with Section 242.267.
(c)  A judgment filed under Subsection (b) is enforceable in the same manner as any other judgment of the court.  The court may award costs for an application made under Subsection (b) and for any proceedings held after the application is made.
(d)  Subsection (b) does not affect the right of a party, in accordance with Section 242.267 and within the time limit prescribed by Section 242.267(d)(2), if applicable, to make a motion to the court or initiate a proceeding in court as provided by law to vacate the arbitrator's order or to vacate a judgment of the court entered in accordance with the arbitrator's order.
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(26), eff. September 1, 2011.
Subchapter I, consisting of Secs. 242.301 to 242.322, was added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01.
For another Subchapter I, consisting of Secs. 242.301 to 242.327, added by Acts 1997, 75th Leg., ch. 1280, Sec. 2.01, see Sec. 242.301 et seq. post.
Text of subchapter effective until federal determination of failure to comply with federal regulations