reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter C. Powers and Duties Of › Section 248A.101. Adoption of Rules and Standards

Sec. 248A.101.  ADOPTION OF RULES AND STANDARDS.  (a)  The executive commissioner shall adopt rules necessary to implement this chapter.
(b)  To protect the health and safety of the public and ensure the health, safety, and comfort of the minors served by a center, the rules must establish minimum center standards, including:
(1)  standards relating to the issuance, renewal, denial, suspension, probation, and revocation of a license to operate a center;
(2)  standards relating to the provision of family-centered basic services that include individualized medical, developmental, and family training services;
(3)  based on the size of the building and the number of minors served, building construction and renovation standards, including standards for plumbing, electrical, glass, manufactured buildings, accessibility for persons with physical disabilities, and fire protection;
(4)  based on the size of the building and the number of minors served, building maintenance conditions relating to plumbing, heating, lighting, ventilation, adequate space, fire protection, and other conditions;
(5)  standards relating to the minimum number of and qualifications required for personnel who provide personal care or basic services to the minors served;
(6)  standards relating to the sanitary conditions within a center and its surroundings, including water supply, sewage disposal, food handling, and general hygiene;
(7)  standards relating to the programs offered by the center to promote and maintain the health and development of the minors served and to meet the training needs of the minors' parents or legal guardians;
(8)  standards relating to physician-prescribed supportive services;
(9)  standards relating to transportation services and as required by Section 248A.1015; and
(10)  standards relating to maintenance of patient medical records and program records in accordance with other law and with accepted professional standards and practices.
(c)  The executive commissioner by rule shall authorize the commissioner to grant a waiver from compliance with standards adopted under Subsection (b)(3), (4), or (6) to a center located in a municipality that adopts a code to regulate any of those standards if the commissioner determines the applicable municipal code standards exceed the corresponding standards adopted under Subsection (b)(3), (4), or (6).
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0746, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 862 (H.B. 3550), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter C. Powers and Duties Of › Section 248A.1015. Transportation Standards

Sec. 248A.1015.  TRANSPORTATION STANDARDS.  The executive commissioner by rule shall establish minimum standards for transportation services as required under Section 248A.101(b)(9).  In adopting rules under this section, the executive commissioner:
(1)  shall authorize a center to determine:
(A)  in coordination with a minor client's parent, guardian, or other legally authorized representative, the schedule of transportation services; and
(B)  in coordination with the client's prescribing physician, the necessary type of provider who must be present during transportation;
(2)  shall permit a minor client's parent, guardian, or other legally authorized representative to decline a center's transportation services entirely or only on a specific date; and
(3)  may not:
(A)  require a plan of care or physician's order to document a client's need for transportation services to access a center's services; or
(B)  consider transportation services as nursing services included in a client's plan of care.
Added by Acts 2023, 88th Leg., R.S., Ch. 862 (H.B. 3550), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter C. Powers and Duties Of › Section 248A.102. Inspections; Corrective Action Plan

Sec. 248A.102.  INSPECTIONS; CORRECTIVE ACTION PLAN.  (a)  The department may inspect a center, including its records, at reasonable times as necessary to ensure compliance with this chapter and the rules adopted under this chapter.  The center shall provide the department with access to all center records.
(b)  The department shall inspect a center before issuing or renewing a license under this chapter.
(c)  The department may require a center that undergoes an inspection to:
(1)  take appropriate corrective action necessary to comply with the requirements of this chapter and rules adopted under this chapter; and
(2)  submit a corrective action plan to the department for approval.
(d)  A center shall make available to any person on request a copy of each inspection report pertaining to the center that has been issued by the department.  Before making an inspection report available under this subsection, the center shall redact from the report any information that is confidential under other law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter C. Powers and Duties Of › Section 248A.103. Fees

Sec. 248A.103.  FEES.  (a)  The executive commissioner by rule shall set fees imposed by this chapter in amounts reasonable and necessary to cover the cost of administering this chapter.
(b)  A fee collected under this chapter shall be deposited in the state treasury to the credit of the general revenue fund.
(c)  A fee collected under this chapter is nonrefundable.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0747, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter C. Powers and Duties Of › Section 248A.104. Commission Duties

Sec. 248A.104.  COMMISSION DUTIES.  The commission shall designate a center licensed under this chapter as a health care services provider under the medical assistance program established under Chapter 32, Human Resources Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter C. Powers and Duties Of › Section 248A.105. Interference With Rights to Determine Treatment

Sec. 248A.105.  INTERFERENCE WITH RIGHTS TO DETERMINE TREATMENT.  (a) Except as provided by Subsection (b), any rules the executive commissioner adopts under this subchapter may not interfere with the authority of a parent, guardian, or legally authorized representative of a minor client to make decisions regarding the treatment provided to the child.
(b)  The executive commissioner, by rule, may limit the maximum amount of authorized services provided to a client.
Added by Acts 2023, 88th Leg., R.S., Ch. 862 (H.B. 3550), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter D. Center Regulation › Section 248A.151. Admission Criteria for Minor Client; Adult Accompaniment

Sec. 248A.151.  ADMISSION CRITERIA FOR MINOR CLIENT; ADULT ACCOMPANIMENT.  (a)  A center may not admit a minor client to the center unless:
(1)  the client is a medically dependent or technologically dependent minor;
(2)  the minor's prescribing physician issues a prescription ordering care at a center;
(3)  the minor's parent or legal guardian consents to the minor's admission to the center; and
(4)  the admission is voluntary based on the parent's or legal guardian's preference in both managed care and non-managed care service delivery systems.
(b)  An admission authorized under this section is not intended to supplant the right to a Medicaid private duty nursing benefit, when medically necessary.
(c)  A minor client's parent, legal guardian, or managing conservator is not required to accompany the client when:
(1)  the client receives services in the center, including therapy services delivered in the center but billed separately; or
(2)  the center transports or provides for the transport of the client to and from the center.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 7, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 8, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter D. Center Regulation › Section 248A.152. Restrictions on Hours, Services, and Patient Capacity

Sec. 248A.152.  RESTRICTIONS ON HOURS, SERVICES, AND PATIENT CAPACITY.  (a)  A center may not provide services to a minor for more than 12 hours in any 24-hour period.
(b)  A center may not provide services other than services regulated under this chapter and department rule.
(c)  The maximum patient capacity at a center may not exceed 60.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0748, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter D. Center Regulation › Section 248A.153. License Display

Sec. 248A.153.  LICENSE DISPLAY.  Each center licensed under this chapter shall display the center's license in a conspicuous location readily visible to a person entering the center.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter D. Center Regulation › Section 248A.154. Maintenance of Records

Sec. 248A.154.  MAINTENANCE OF RECORDS.  Each center shall maintain at the center the medical and other records required by this chapter and by rules adopted under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter D. Center Regulation › Section 248A.155. Complaints

Sec. 248A.155.  COMPLAINTS.  A person may file a complaint with the department against a center licensed or required to be licensed under this chapter.  The department shall investigate the complaint in accordance with the complaint procedures established under Chapter 161, Human Resources Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter D. Center Regulation › Section 248A.156. Compliance With Other Law

Sec. 248A.156.  COMPLIANCE WITH OTHER LAW.  (a)  A center shall comply with Chapter 260A and rules adopted under that chapter.
(b)  An owner, center employee, or other person subject to Chapter 260A shall comply with that chapter and rules adopted under that chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter D. Center Regulation › Section 248A.157. Closing of Center

Sec. 248A.157.  CLOSING OF CENTER.  At least 30 days before the date a center voluntarily discontinues operation, the owner or operator of the center shall inform the parent or legal guardian of each minor client to whom the center is providing services of:
(1)  the discontinuance; and
(2)  the proposed time of the discontinuance.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter D. Center Regulation › Section 248A.158. Relation to Nursing Services

Sec. 248A.158.  RELATION TO NURSING SERVICES.  (a) Subject to Subsection (b), nursing services provided to a client by a center must be a replacement of private duty nursing or other skilled nursing services provided in a setting other than a center unless additional nursing services are medically necessary.
(b)  A center may provide nursing services in a group setting, consistent with appropriate staffing ratios as the executive commissioner determines.
Added by Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 9, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 862 (H.B. 3550), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter D. Center Regulation › Section 248A.159. Admission Forms

Sec. 248A.159.  ADMISSION FORMS.  (a) Before admission to a center, the center may obtain all required parent or legal guardian signatures for a patient on one consent document.
(b)  The consent document must illustrate the involvement of the parent or legal guardian in developing and establishing the care and treatment to be provided to the patient in the center.
Added by Acts 2023, 88th Leg., R.S., Ch. 862 (H.B. 3550), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter E. General Enforcement › Section 248A.201. Denial, Suspension, or Revocation of License

Sec. 248A.201.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.  (a)  The department may deny, suspend, or revoke a license issued under this chapter for:
(1)  a violation of this chapter or a rule or standard adopted under this chapter;
(2)  an intentional or negligent act by the center or an employee of the center that the department determines significantly affects the health or safety of a minor served by the center;
(3)  use of drugs or intoxicating liquors to an extent that affects the license holder's or applicant's professional competence;
(4)  a felony conviction, including a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere, in this state or in any other state of any person required to undergo a background and criminal history check under this chapter;
(5)  fraudulent acts, including acts relating to Medicaid fraud and obtaining or attempting to obtain a license by fraud or deception; or
(6)  a license revocation, suspension, or other disciplinary action taken against the license holder or any person listed in the application in another state.
(b)  Except as provided by Section 248A.203, the procedures by which the department denies, suspends, or revokes a license and by which those actions are appealed are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter E. General Enforcement › Section 248A.202. Probation

Sec. 248A.202.  PROBATION.  (a)  If the department finds that a center is in repeated noncompliance with this chapter, rules adopted under this chapter, or a corrective action plan, but that the noncompliance does not endanger a minor served by the center or the public health and safety, the department may schedule the center for probation rather than suspending or revoking the center's license.
(b)  The department shall provide notice to the center of the probation and of the items of noncompliance not later than the 10th day before the date the probation period begins.
(c)  The department shall designate a period of not less than 30 days during which the center will remain under probation.  During the probation period, the center 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 a center that does not correct items that were in noncompliance or does not comply with this chapter or the rules adopted under this chapter within the applicable probation period.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter E. General Enforcement › Section 248A.203. Emergency Suspension

Sec. 248A.203.  EMERGENCY SUSPENSION.  (a)  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 a minor served by the center or the public health and safety.  An emergency suspension is effective immediately without a hearing on notice to the license holder.
(b)  On written request of the license holder, the department 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.
(c)  The hearing and any appeal are governed by the department's rules for a contested case hearing and by Chapter 2001, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter E. General Enforcement › Section 248A.204. Injunction

Sec. 248A.204.  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 or standard adopted under this chapter if the department finds that the violation creates an immediate threat to the health and safety of the minors served by a center.
(b)  A district court, on petition of the department and on a finding by the court that a person is violating this chapter or the rules adopted under this chapter, may by injunction:
(1)  prohibit the person from continuing the violation;
(2)  restrain or prevent the establishment or operation of a center without a license issued under this chapter; or
(3)  grant any 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.  The attorney general and the department may recover reasonable expenses incurred in obtaining relief under this section, including court costs, reasonable attorney's fees, investigation costs, witness fees, and deposition expenses.
(d)  Venue for a suit brought under this section is in the county in which the center is located or in Travis County.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter E. General Enforcement › Section 248A.205. Civil Penalty

Sec. 248A.205.  CIVIL PENALTY.  (a)  A person who violates this chapter or a rule or standard adopted under this chapter or who fails to comply with a corrective action plan submitted under this chapter is liable for a civil penalty of not more than $500 for each violation if the department determines the violation threatens the health and safety of a minor served by the center.
(b)  Each day a violation continues constitutes a separate violation for the purposes of this section.
(c)  The attorney general may sue to collect the penalty.  The attorney general and the department may recover reasonable expenses incurred in obtaining relief under this section, including court costs, reasonable attorney's fees, investigation costs, witness fees, and deposition expenses.
(d)  All penalties collected under this section shall be deposited in the state treasury in the general revenue fund.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter E. General Enforcement › Section 248A.206. Criminal Penalty

Sec. 248A.206.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly establishes or operates a center without the appropriate license issued under this chapter.
(b)  An offense under this section is a Class B misdemeanor.
(c)  Each day a violation continues constitutes a separate offense.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter F. Administrative Penalty › Section 248A.251. Imposition of Penalty

Sec. 248A.251.  IMPOSITION OF PENALTY.  The department may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or standard adopted or order issued under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0749, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter F. Administrative Penalty › Section 248A.2515. System for Assessment of Penalty

Sec. 248A.2515.  SYSTEM FOR ASSESSMENT OF PENALTY.  The commission shall develop and use a system to record and track the scope and severity of each violation of this chapter or a rule or standard adopted or order issued under this chapter for the purpose of assessing an administrative penalty for the violation or taking some other enforcement action against the appropriate center to deter future violations.  The system:
(1)  must be comparable to the system used by the Centers for Medicare and Medicaid Services to categorize the scope and severity of violations for nursing homes; and
(2)  may be modified, as appropriate, to reflect changes in industry practice or changes made to the system used by the Centers for Medicare and Medicaid Services.
Added by Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter F. Administrative Penalty › Section 248A.252. Amount of Penalty

Sec. 248A.252.  AMOUNT OF PENALTY.  (a)  The amount of the penalty may not exceed $500 for each violation, and each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b)  The amount shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2)  the threat to health or safety caused by the violation;
(3)  any previous violations;
(4)  the amount necessary to deter a future violation;
(5)  the efforts made by the violator to correct the violation; and
(6)  any other matter that justice may require.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter F. Administrative Penalty › Section 248A.253. Report and Notice of Violation and Penalty

Sec. 248A.253.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If the department initially determines that a violation occurred, the department shall give written notice of the report to the person.
(b)  The notice must:
(1)  include a brief summary of the alleged violation;
(2)  state the amount of the recommended penalty; and
(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter F. Administrative Penalty › Section 248A.254. Penalty to Be Paid or Hearing Requested

Sec. 248A.254.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice sent under Section 248A.253, the person in writing may:
(1)  accept the determination and recommended penalty of the department; or
(2)  make a request for a hearing on the occurrence of the violation, the amount of the penalty, or both.
(b)  If the person accepts the determination and recommended penalty or if the person fails to respond to the notice, the department by order shall approve the determination and impose the recommended penalty.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0750, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter F. Administrative Penalty › Section 248A.255. Hearing

Sec. 248A.255.  HEARING.  (a)  If the person requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings, which shall promptly set a hearing date and give written notice of the time and place of the hearing to the person.  An administrative law judge of the State Office of Administrative Hearings shall conduct the hearing.
(b)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the department a proposal for a decision about the occurrence of the violation and the amount of a proposed penalty.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0751, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter F. Administrative Penalty › Section 248A.256. Decision by Department

Sec. 248A.256.  DECISION BY DEPARTMENT.  (a)  Based on the findings of fact, conclusions of law, and proposal for a decision, the department by order may:
(1)  find that a violation occurred and impose a penalty; or
(2)  find that a violation did not occur.
(b)  The notice of the department's order under Subsection (a) that is sent to the person in accordance with Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0752, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter F. Administrative Penalty › Section 248A.257. Options Following Decision: Pay or Appeal

Sec. 248A.257.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.  Not later than the 30th day after the date the order of the department imposing an administrative penalty under Section 248A.256 becomes final, the person shall:
(1)  pay the penalty; or
(2)  file a petition for judicial review of the department's order contesting the occurrence of the violation, the amount of the penalty, or both.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0753, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter F. Administrative Penalty › Section 248A.258. Stay of Enforcement of Penalty

Sec. 248A.258.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within the period prescribed by Section 248A.257, a person who files a petition for judicial review may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account in the court registry; or
(B)  giving the court a supersedeas bond approved by the court that:
(i)  is for the amount of the penalty; and
(ii)  is effective until all judicial review of the department's order is final; or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
(B)  sending a copy of the affidavit to the department by certified mail.
(b)  If the department receives a copy of an affidavit under Subsection (a)(2), the department may file with the court, not later than the fifth day after the date the copy is received, a contest to the affidavit.  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0754, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter F. Administrative Penalty › Section 248A.259. Collection of Penalty

Sec. 248A.259.  COLLECTION OF PENALTY.  (a)  If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected.
(b)  The attorney general may sue to collect the penalty and may recover reasonable expenses, including attorney's fees, incurred in recovering the penalty.
(c)  A penalty collected under this subchapter shall be deposited in the state treasury in the general revenue fund.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter F. Administrative Penalty › Section 248A.260. Decision by Court

Sec. 248A.260.  DECISION BY COURT.  (a)  If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty.
(b)  If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter F. Administrative Penalty › Section 248A.261. Remittance of Penalty and Interest

Sec. 248A.261.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, that the appropriate amount plus accrued interest be remitted to the person not later than the 30th day after the date the judgment of the court becomes final.
(b)  The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.
(c)  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter F. Administrative Penalty › Section 248A.262. Release of Bond

Sec. 248A.262.  RELEASE OF BOND.  (a)  If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, the release of the bond.
(b)  If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter F. Administrative Penalty › Section 248A.263. Administrative Procedure

Sec. 248A.263.  ADMINISTRATIVE PROCEDURE.  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 250 - Nurse Aide Registry and Criminal History Checks of Employees and Applicants for Employment in Certain Facilities Serving the Elderly, Persons With Disabilities, or Persons With Terminal Illnesses › Section 250.0035. Certificate of Registration; Requirements for Inclusion in Nurse Aide Registry

Sec. 250.0035.  CERTIFICATE OF REGISTRATION; REQUIREMENTS FOR INCLUSION IN NURSE AIDE REGISTRY.  (a)  To be listed on the nurse aide registry, an applicant must:
(1)  complete a training program approved by the commission that includes:
(A)  not less than 100 hours of course work as specified by rule; and
(B)  a competency evaluation on completion of the training program; and
(2)  hold a certificate of registration issued by the commission on completion of the training program required under Subdivision (1).
(b)  A certificate of registration and listing on the nurse aide registry expire on the second anniversary of the date the certificate is issued and the nurse aide is listed in the registry.
(c)  To renew a nurse aide's certificate of registration and listing on the registry, the nurse aide must complete at least 24 hours of in-service education every two years, including training in geriatrics and, if applicable, in the care of patients with Alzheimer's disease.
(c-1)  Chapter 53, Occupations Code, does not apply to the issuance or renewal of a nurse aide's certificate of registration or an applicant's inclusion in the nurse aide registry under this section.
(d)  The executive commissioner shall adopt the rules necessary to implement this section, including rules for the issuance and renewal of a certificate of registration under this section and the regulation of nurse aides as necessary to protect the public health and safety.
Added by Acts 2011, 82nd Leg., R.S., Ch. 408 (S.B. 795), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 434 (S.B. 1103), Sec. 2, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1136 (S.B. 681), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 250 - Nurse Aide Registry and Criminal History Checks of Employees and Applicants for Employment in Certain Facilities Serving the Elderly, Persons With Disabilities, or Persons With Terminal Illnesses › Section 250.004. Criminal History Record of Employees

Sec. 250.004.  CRIMINAL HISTORY RECORD OF EMPLOYEES.  (a)  Identifying information of an employee in a covered facility or of an employee of an individual employer shall be submitted electronically, on disk, or on a typewritten form to the Department of Public Safety to obtain the person's criminal conviction record when the person applies for employment and at other times as the facility or individual employer may determine appropriate.  In this subsection, "identifying information" includes:
(1)  the complete name, race, and sex of the employee;
(2)  any known identifying number of the employee, including social security number, driver's license number, or state identification number; and
(3)  the employee's date of birth.
(b)  If the Department of Public Safety reports that a person has a criminal conviction of any kind, the conviction shall be reviewed by the facility, the financial management services agency, or the individual employer to determine if the conviction may bar the person from employment in a facility or by the individual employer under Section 250.006 or if the conviction may be a contraindication to employment.
Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1, 1993.  Renumbered from Health & Safety Code Sec. 250.003 and amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June 16, 1995;  Acts 1999, 76th Leg., ch. 629, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1025, Sec. 5, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1267, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.04, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 22, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 250 - Nurse Aide Registry and Criminal History Checks of Employees and Applicants for Employment in Certain Facilities Serving the Elderly, Persons With Disabilities, or Persons With Terminal Illnesses › Section 250.005. Notice and Opportunity to Be Heard Concerning Accuracy of Information

Sec. 250.005.  NOTICE AND OPPORTUNITY TO BE HEARD CONCERNING ACCURACY OF INFORMATION.  (a)  If a facility, financial management services agency, or individual employer believes that a conviction may bar a person from employment in a facility or by the individual employer under Section 250.006 or may be a contraindication to employment, the facility or individual employer shall notify the applicant or employee.
(b)  The Department of Public Safety of the State of Texas shall give a person notified under Subsection (a) the opportunity to be heard concerning the accuracy of the criminal history record information and shall notify the facility or individual employer if inaccurate information is discovered.
Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.  Renumbered from Health & Safety Code Sec. 250.004 and amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June 16, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.05, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 23, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 250 - Nurse Aide Registry and Criminal History Checks of Employees and Applicants for Employment in Certain Facilities Serving the Elderly, Persons With Disabilities, or Persons With Terminal Illnesses › Section 250.007. Records Privileged

Sec. 250.007.  RECORDS PRIVILEGED.  (a)  The criminal history records are for the exclusive use of the regulatory agency, the requesting facility, the private agency on behalf of the requesting facility, the financial management services agency on behalf of the individual employer, the individual employer, and the applicant or employee who is the subject of the records.
(b)  All criminal records and reports and the information they contain that are received by the regulatory agency or private agency for the purpose of being forwarded to the requesting facility or received by the financial management services agency under this chapter are privileged information.
(c)  The criminal records and reports and the information they contain may not be released or otherwise disclosed to any person or agency except on court order or with the written consent of the person being investigated.
Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June 16, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.07, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 25, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 250 - Nurse Aide Registry and Criminal History Checks of Employees and Applicants for Employment in Certain Facilities Serving the Elderly, Persons With Disabilities, or Persons With Terminal Illnesses › Section 250.008. Criminal Penalty

Sec. 250.008.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person releases or otherwise discloses any information received under this chapter except as prescribed by Section 250.007(b) or (c).
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June 16, 1995.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 250 - Nurse Aide Registry and Criminal History Checks of Employees and Applicants for Employment in Certain Facilities Serving the Elderly, Persons With Disabilities, or Persons With Terminal Illnesses › Section 250.009. Civil Liability

Sec. 250.009.  CIVIL LIABILITY.  (a)  A facility, an officer or employee of a facility, a financial management services agency, or an individual employer is not civilly liable for failure to comply with this chapter if the facility, financial management services agency, or individual employer makes a good faith effort to comply.
(b)  A regulatory agency is not civilly liable to a person for criminal history record information forwarded to a requesting facility in accordance with this chapter.
Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June 16, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.08, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 26, eff. September 1, 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 A. General Provisions › Section 251.001. Definitions

Sec. 251.001.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(66), eff. April 2, 2015.
(2)  "Commissioner" means the commissioner of state health services.
(3)  "Department" means the Department of State Health Services.
(4)  "Dialysis" means a process by which dissolved substances are removed from a patient's body by diffusion from one fluid compartment to another across a semipermeable membrane.
(5)  "Dialysis technician" means an individual who is not a registered nurse or physician and who provides dialysis care under the supervision of a registered nurse or physician.
(6)  "End stage renal disease" means that stage of renal impairment that appears irreversible and permanent and that requires a regular course of dialysis or kidney transplantation to maintain life.
(7)  "End stage renal disease facility" means a facility that provides dialysis treatment or dialysis training to individuals with end stage renal disease.
(7-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(8)  "Medical review board" means a medical review board that:
(A)  is appointed by a renal disease network organization which includes this state; and
(B)  has a contract with the Centers for Medicare and Medicaid Services under Section 1881, Title XVIII, Social Security Act (42 U.S.C. Section 1395rr).
(9)  "Physician" means an individual who is licensed to practice medicine under Subtitle B, Title 3, Occupations Code.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.790, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0758, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(66), 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 A. General Provisions › Section 251.002. Fees

Sec. 251.002.  FEES.  (a)  The executive commissioner by rule shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this chapter and as prescribed by Section 12.0111.
(b)  In setting fees under this section, the executive commissioner shall consider setting a range of license and renewal fees based on the number of dialysis stations at each end stage renal disease facility and the patient census.
(c)  An end stage renal disease facility owned or operated by a state agency is not required to pay fees imposed under this chapter.
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. 3.0759, 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 A. General Provisions › Section 251.003. Adoption of Rules

Sec. 251.003.  ADOPTION OF RULES.  The executive commissioner shall adopt rules to implement this chapter, including requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility.
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. 3.0760, eff. April 2, 2015.