reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter G. Disclosure of Health Care Information › Section 241.151. Definitions

Sec. 241.151.  DEFINITIONS.  In this subchapter:
(1)  "Directory information" means information disclosing the presence of a person who is receiving inpatient, outpatient, or emergency services from a licensed hospital, the nature of the person's injury, the person's municipality of residence, sex, and age, and the general health status of the person as described in terms of "critical," "poor," "fair," "good," "excellent," or similar terms.
(2)  "Health care information" means information, including payment information, recorded in any form or medium that identifies a patient and relates to the history, diagnosis, treatment, or prognosis of a patient.
(3)  "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession.
(4)  "Institutional review board" means a board, committee, or other group formally designated by an institution or authorized under federal or state law to review or approve the initiation of or conduct periodic review of research programs to ensure the protection of the rights and welfare of human research subjects.
(5)  "Legally authorized representative" means:
(A)  a parent or legal guardian if the patient is a minor;
(B)  a legal guardian if the patient has been adjudicated incapacitated to manage the patient's personal affairs;
(C)  an agent of the patient authorized under a medical power of attorney;
(D)  an attorney ad litem appointed for the patient;
(E)  a person authorized to consent to medical treatment on behalf of the patient under Chapter 313;
(F)  a guardian ad litem appointed for the patient;
(G)  a personal representative or heir of the patient, as defined by Chapter 22, Estates Code, if the patient is deceased;
(H)  an attorney retained by the patient or by the patient's legally authorized representative; or
(I)  a person exercising a power granted to the person in the person's capacity as an attorney-in-fact or agent of the patient by a statutory durable power of attorney that is signed by the patient as principal.
Added by Acts 1995, 74th Leg., ch. 856, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 498, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1138 (H.B. 2765), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1003 (H.B. 4029), Sec. 1, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0586, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter G. Disclosure of Health Care Information › Section 241.152. Written Authorization for Disclosure of Health Care Information

Sec. 241.152.  WRITTEN AUTHORIZATION FOR DISCLOSURE OF HEALTH CARE INFORMATION.  (a)  Except as authorized by Section 241.153, a hospital or an agent or employee of a hospital may not disclose health care information about a patient to any person other than the patient or the patient's legally authorized representative without the written authorization of the patient or the patient's legally authorized representative.
(b)  A disclosure authorization to a hospital is valid only if it:
(1)  is in writing;
(2)  is dated and signed by the patient or the patient's legally authorized representative;
(3)  identifies the information to be disclosed;
(4)  identifies the person or entity to whom the information is to be disclosed;  and
(5)  is not contained in the same document that contains the consent to medical treatment obtained from the patient.
(c)  A disclosure authorization is valid until the 180th day after the date it is signed unless it provides otherwise or unless it is revoked.
(d)  Except as provided by Subsection (e), a patient or the patient's legally authorized representative may revoke a disclosure authorization to a hospital at any time.  A revocation is valid only if it is in writing, dated with a date that is later than the date on the original authorization, and signed by the patient or the patient's legally authorized representative.
(e)  A patient or the patient's legally authorized representative may not revoke a disclosure that is required for purposes of making payment to the hospital for health care provided to the patient.
(f)  A patient may not maintain an action against a hospital for a disclosure made by the hospital in good-faith reliance on an authorization if the hospital's medical record department did not have notice that the authorization was revoked.
(g)  Repealed by Acts 1997, 75th Leg., ch. 498, Sec. 5, eff. Sept. 1, 1997.
Added by Acts 1995, 74th Leg., ch. 856, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 498, Sec. 2, 5, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 271, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter G. Disclosure of Health Care Information › Section 241.1531. Exchange of Inmate's Health Care Information

Sec. 241.1531.  EXCHANGE OF INMATE'S HEALTH CARE INFORMATION.  Notwithstanding any other law of this state, the health care information of a patient who is a defendant or inmate confined in a facility operated by or under contract with the Texas Department of Criminal Justice may be exchanged between health care personnel of the department and health care personnel of The University of Texas Medical Branch at Galveston or the Texas Tech University Health Sciences Center.  The authorization of the defendant or inmate is not required for the exchange of information.
Added by Acts 2005, 79th Leg., Ch. 1270 (H.B. 2195), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter G. Disclosure of Health Care Information › Section 241.155. Safeguards for Security of Health Care Information

Sec. 241.155.  SAFEGUARDS FOR SECURITY OF HEALTH CARE INFORMATION.  A hospital shall adopt and implement reasonable safeguards for the security of all health care information it maintains.
Added by Acts 1995, 74th Leg., ch. 856, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter G. Disclosure of Health Care Information › Section 241.156. Patient Remedies

Sec. 241.156.  PATIENT REMEDIES.  (a)  A patient aggrieved by a violation of this subchapter relating to the unauthorized release of confidential health care information may bring an action for:
(1)  appropriate injunctive relief;  and
(2)  damages resulting from the release.
(b)  An action under Subsection (a) shall be brought in:
(1)  the district court of the county in which the patient resides or in the case of a deceased patient the district court of the county in which the patient's legally authorized representative resides;  or
(2)  if the patient or the patient's legally authorized representative in the case of a deceased patient is not a resident of this state, the district court of Travis County.
(c)  A petition for injunctive relief under Subsection (a)(1) takes precedence over all civil matters on the court docket except those matters to which equal precedence on the docket is granted by law.
Added by Acts 1995, 74th Leg., ch. 856, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter H. Hospital Level of Care Designations for Neonatal and Maternal Care › Section 241.182. Level of Care Designations

Sec. 241.182.  LEVEL OF CARE DESIGNATIONS.  (a)  The executive commissioner, in accordance with the rules adopted under Section 241.183, shall assign level of care designations to each hospital based on the neonatal and maternal services provided at the hospital.
(b)  A hospital may receive different level designations for neonatal and maternal care, respectively.
Added by Acts 2013, 83rd Leg., R.S., Ch. 217 (H.B. 15), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter H. Hospital Level of Care Designations for Neonatal and Maternal Care › Section 241.1835. Use of Telemedicine Medical Services

Sec. 241.1835.  USE OF TELEMEDICINE MEDICAL SERVICES.  (a)  In this section, "telemedicine medical service" has the meaning assigned by Section 111.001, Occupations Code.
(b)  The rules adopted under Section 241.183 must allow the use of telemedicine medical services by a physician providing on-call services to satisfy certain requirements identified by the executive commissioner in the rules for a Level I, II, or III level of care designation.
(c)  In identifying a requirement for a level of care designation that may be satisfied through the use of telemedicine medical services under Subsection (b), the executive commissioner, in consultation with the department, physicians of appropriate specialties, statewide medical, nursing, and hospital associations, and other appropriate interested persons, must ensure that the provision of a service or procedure through the use of telemedicine medical services is in accordance with the standard of care applicable to the provision of the same service or procedure in an in-person setting.
(d)  Telemedicine medical services must be administered under this section by a physician licensed to practice medicine under Subtitle B, Title 3, Occupations Code.
(e)  This section does not waive other requirements for a level of care designation.
Added by Acts 2019, 86th Leg., R.S., Ch. 600 (S.B. 749), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter H. Hospital Level of Care Designations for Neonatal and Maternal Care › Section 241.1836. Appeal Process

Sec. 241.1836.  APPEAL PROCESS.  (a)  The rules adopted under Section 241.183 establishing level of care designations for hospitals must allow a hospital to appeal a level of care designation to a three-person panel that includes:
(1)  a representative of the department;
(2)  a representative of the commission; and
(3)  an independent person who:
(A)  has expertise in the specialty area for which the hospital is seeking a level of care designation;
(B)  is not an employee of or affiliated with either the department or the commission; and
(C)  does not have a conflict of interest with the hospital, department, or commission.
(b)  The independent person on the panel described by Subsection (a) must rotate after each appeal from a list of five to seven similarly qualified persons.  The department shall solicit persons to be included on the list.  A person must apply to the department on a form prescribed by the department and be approved by the commissioner to be included on the list.
Added by Acts 2019, 86th Leg., R.S., Ch. 600 (S.B. 749), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter H. Hospital Level of Care Designations for Neonatal and Maternal Care › Section 241.184. Confidentiality; Privilege

Sec. 241.184.  CONFIDENTIALITY; PRIVILEGE.  (a)  All information and materials submitted by a hospital to the department under Section 241.183(d) are confidential and:
(1)  are not subject to disclosure under Chapter 552, Government Code, or discovery, subpoena, or other means of legal compulsion for release to any person; and
(2)  may not be admitted as evidence or otherwise disclosed in any civil, criminal, or administrative proceeding.
(b)  The confidentiality protections under Subsection (a) apply without regard to whether the information or materials are submitted by a hospital or an entity that has an ownership or management interest in a hospital.
(c)  A state employee or officer may not be examined in a civil, criminal, or special proceeding, or any other proceeding, regarding the existence or contents of information or materials submitted to the department under Section 241.183(d).
(d)  The submission of information or materials under Section 241.183(d) is not a waiver of a privilege or protection granted under law.
(e)  The provisions of this section regarding the confidentiality of information or materials submitted by a hospital in compliance with Section 241.183(d) do not restrict access, to the extent authorized by law, by the patient or the patient's legally authorized representative to records of the patient's medical diagnosis or treatment or to other primary health records.
(f)  A department summary or disclosure, including an assignment of a level of care designation, may not contain information identifying a patient, employee, contractor, volunteer, consultant, health care practitioner, student, or trainee.
Added by Acts 2013, 83rd Leg., R.S., Ch. 217 (H.B. 15), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter H. Hospital Level of Care Designations for Neonatal and Maternal Care › Section 241.185. Assignment of Level of Care Designation

Sec. 241.185.  ASSIGNMENT OF LEVEL OF CARE DESIGNATION.  (a)  The executive commissioner, in consultation with the department, shall assign the appropriate level of care designation to each hospital that meets the minimum standards for that level of care.  The executive commissioner shall evaluate separately the neonatal and maternal services provided at the hospital and assign the respective level of care designations accordingly.
(b)  Every three years, the executive commissioner and the department shall review the level of care designations assigned to each hospital and, as necessary, assign a hospital a different level of care designation or remove the hospital's level of care designation.
(c)  A hospital may request a change of designation at any time.  On request under this subsection, the executive commissioner and the department shall review the hospital's request and, as necessary, change the hospital's level of care designation.
Added by Acts 2013, 83rd Leg., R.S., Ch. 217 (H.B. 15), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter H. Hospital Level of Care Designations for Neonatal and Maternal Care › Section 241.186. Hospital Not Designated

Sec. 241.186.  HOSPITAL NOT DESIGNATED.  A hospital that does not meet the minimum requirements for any level of care designation for neonatal or maternal services:
(1)  may not receive a level of care designation for those services; and
(2)  is not eligible to receive reimbursement through the Medicaid program for neonatal or maternal services, as applicable, except emergency services required to be provided or reimbursed under state or federal law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 217 (H.B. 15), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter I. Freestanding Emergency Medical Care Facilities Associated With Licensed Hospitals › Section 241.201. Applicability

Sec. 241.201.  APPLICABILITY.  This subchapter applies only to a freestanding emergency medical care facility, as that term is defined by Section 254.001, that is exempt from the licensing requirements of Chapter 254 under Section 254.052(7) or (8).
Added by Acts 2013, 83rd Leg., R.S., Ch. 917 (H.B. 1376), Sec. 1, eff. September 1, 2013.
Redesignated from Health and Safety Code, Section 241.181 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(32), eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter I. Freestanding Emergency Medical Care Facilities Associated With Licensed Hospitals › Section 241.202. Advertising

Sec. 241.202.  ADVERTISING.  A facility described by Section 241.201:
(1)  may not advertise or hold itself out as a medical office, facility, or provider other than an emergency room if the facility charges for its services the usual and customary rate charged for the same service by a hospital emergency room in the same region of the state or located in a region of the state with comparable rates for emergency health care services; and
(2)  must comply with the regulations in Section 254.157.
Added by Acts 2013, 83rd Leg., R.S., Ch. 917 (H.B. 1376), Sec. 1, eff. September 1, 2013.
Redesignated by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(32), eff. September 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(12), eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1093 (H.B. 2041), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter I. Freestanding Emergency Medical Care Facilities Associated With Licensed Hospitals › Section 241.204. Administrative Penalty

Sec. 241.204.  ADMINISTRATIVE PENALTY.  The department may assess an administrative penalty under Section 241.059 against a hospital that violates this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 917 (H.B. 1376), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0589, eff. April 2, 2015.
Redesignated from Health and Safety Code, Section 241.184 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(32), eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter I. Freestanding Emergency Medical Care Facilities Associated With Licensed Hospitals › Section 241.205. Disclosure Statement Required

Sec. 241.205.  DISCLOSURE STATEMENT REQUIRED.  A facility described by Section 241.201 shall comply with Section 254.156.
Added by Acts 2019, 86th Leg., R.S., Ch. 1093 (H.B. 2041), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter I. -1. Prices and Fees Charged by Freestanding Emergency Medical Care Facilities Associated With Certain Hospitals › Section 241.221. Applicability

Sec. 241.221.  APPLICABILITY.  (a)  This subchapter applies only to a freestanding emergency medical care facility, as that term is defined by Section 254.001, that is:
(1)  exempt from the licensing requirements of Chapter 254 under Section 254.052(5), (7), or (8); and
(2)  associated with a hospital licensed under this chapter that does not meet the conditions of participation for certification under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.).
(b)  This subchapter does not apply to a freestanding emergency medical care facility associated with a hospital licensed under this chapter that:
(1)  has been operating as a hospital for less than one year;
(2)  has submitted an application to a federally recognized accreditation program for certification under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.); and
(3)  has not failed an accreditation for certification.
Added by Acts 2021, 87th Leg., R.S., Ch. 1050 (S.B. 2038), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter I. -1. Prices and Fees Charged by Freestanding Emergency Medical Care Facilities Associated With Certain Hospitals › Section 241.222. Certain Fees Prohibited

Sec. 241.222.  CERTAIN FEES PROHIBITED.  (a)  A facility described by Section 241.221 that provides a health care service, including testing or vaccination, to an individual accessing the service from the individual's vehicle may not charge the individual or a third-party payor a facility or observation fee.
(b)  This section may not be construed as expanding the type of health care services a facility described by Section 241.221 is authorized to provide.
Added by Acts 2021, 87th Leg., R.S., Ch. 1050 (S.B. 2038), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter I. -1. Prices and Fees Charged by Freestanding Emergency Medical Care Facilities Associated With Certain Hospitals › Section 241.223. Disclosure of Certain Prices and Fees During Declared Disaster; Construction

Sec. 241.223.  DISCLOSURE OF CERTAIN PRICES AND FEES DURING DECLARED DISASTER; CONSTRUCTION.  (a)  A facility described by Section 241.221 that provides testing or vaccination for an infectious disease for which a state of disaster has been declared under Chapter 418, Government Code, shall disclose to each patient the prices the facility charges for the test or vaccine and any facility fees, supply costs, and other costs associated with the test or vaccine in accordance with the disclosure requirements described by Section 254.156, as added by Chapter 1093 (H.B. 2041), Acts of the 86th Legislature, Regular Session, 2019.
(b)  This section may not be construed as expanding the type of health care services a facility described by Section 241.221 is authorized to provide.
Added by Acts 2021, 87th Leg., R.S., Ch. 1050 (S.B. 2038), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter I. -1. Prices and Fees Charged by Freestanding Emergency Medical Care Facilities Associated With Certain Hospitals › Section 241.224. Prohibited Pricing Practices During Declared State of Disaster

Sec. 241.224.  PROHIBITED PRICING PRACTICES DURING DECLARED STATE OF DISASTER.  (a)  In this section, "unconscionable price" means a price that is more than 200 percent of the average price for the same or a substantially similar product or service provided to other individuals by health care facilities located in the same county or nearest county to the county in which the facility described by Section 241.221 is located, as applicable, according to data collected by the department under Chapter 108.
(b)  During a state of disaster declared by the governor under Chapter 418, Government Code, a facility described by Section 241.221 may not:
(1)  charge an individual an unconscionable price for a product or service provided at the facility; or
(2)  knowingly or intentionally charge a third-party payor, including a health benefit plan insurer, a price higher than the price charged to an individual for the same product or service based on the payor's liability for payment or partial payment of the product or service.
(c)  Subsection (b)(2) does not prohibit a facility described by Section 241.221 from:
(1)  offering an uninsured individual a cash discount for a particular product or service; or
(2)  accepting directly from an individual full payment for a health care product or service in lieu of submitting a claim to the individual's health benefit plan.
Added by Acts 2021, 87th Leg., R.S., Ch. 1050 (S.B. 2038), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter I. -1. Prices and Fees Charged by Freestanding Emergency Medical Care Facilities Associated With Certain Hospitals › Section 241.225. Enforcement

Sec. 241.225.  ENFORCEMENT.  Notwithstanding any conflicting provision in this subchapter and except for good cause shown, the commission shall impose the following penalty on a person licensed under this chapter who violates Section 241.224 or a rule adopted under that section:
(1)  for the first violation, an administrative penalty in an amount equal to $10,000;
(2)  for the second violation:
(A)  an administrative penalty in an amount equal to $50,000; and
(B)  a suspension of the person's license for 30 days; and
(3)  for the third violation, a permanent revocation of the person's license.
Added by Acts 2021, 87th Leg., R.S., Ch. 1050 (S.B. 2038), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter J. Notice of Facility Fees in Certain Freestanding Emergency Medical Care Facilities › Section 241.251. Applicability

Sec. 241.251.  APPLICABILITY.  This subchapter applies only to a freestanding emergency medical care facility, as that term is defined by Section 254.001, that is exempt from the licensing requirements of Chapter 254 under Section 254.052(8).
Added by Acts 2015, 84th Leg., R.S., Ch. 185 (S.B. 425), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter J. Notice of Facility Fees in Certain Freestanding Emergency Medical Care Facilities › Section 241.252. Notice of Fees

Sec. 241.252.  NOTICE OF FEES.  (a)  In this section, "provider network" has the meaning assigned by Section 1456.001, Insurance Code.
(b)  A facility described by Section 241.251 shall post notice that:
(1)  states:
(A) the facility is a freestanding emergency medical care facility;
(B) the facility charges rates comparable to a hospital emergency room and may charge a facility fee;
(C) a facility or a physician providing medical care at the facility may not be a participating provider in the patient's health benefit plan provider network; and
(D) a physician providing medical care at the facility may bill separately from the facility for the medical care provided to a patient; and
(2)  either:
(A)  lists the health benefit plans in which the facility is a participating provider in the health benefit plan's provider network; or
(B)  states the facility is not a participating provider in any health benefit plan provider network.
(c)  The notice required by this section must be posted prominently and conspicuously:
(1)  at the primary entrance to the facility;
(2)  in each patient treatment room;
(3)  at each location within the facility at which a person pays for health care services; and
(4)  on the facility's Internet website.
(d)  The notice required by Subsections (c)(1), (2), and (3) must be in legible print on a sign with dimensions of at least 8.5 inches by 11 inches.
(e)  Notwithstanding Subsection (c), a facility that is a participating provider in one or more health benefit plan provider networks complies with Subsection (b)(2) if the facility:
(1)  provides notice on the facility's Internet website listing the health benefit plans in which the facility is a participating provider in the health benefit plan's provider network; and
(2)  provides to a patient written confirmation of whether the facility is a participating provider in the patient's health benefit plan's provider network.
Added by Acts 2015, 84th Leg., R.S., Ch. 185 (S.B. 425), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 175 (H.B. 3276), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter K. Limited Services Rural Hospital › Section 241.301. Definition

Sec. 241.301.  DEFINITION.  In this subchapter, "limited services rural hospital" means a general or special hospital that is or was licensed under this chapter and that:
(1)  is:
(A)  located in a rural area, as defined by:
(i)  commission rule; or
(ii)  42 U.S.C.  Section 1395ww(d)(2)(D); or
(B)  designated by the Centers for Medicare and Medicaid Services as a critical access hospital, rural referral center, or sole community hospital; and
(2)  otherwise meets the requirements to be designated as a limited services rural hospital or a similarly designated hospital under federal law for purposes of a payment program described by Section 241.302(a)(1).
Added by Acts 2019, 86th Leg., R.S., Ch. 560 (S.B. 1621), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter K. Limited Services Rural Hospital › Section 241.302. License Required

Sec. 241.302.  LICENSE REQUIRED.  (a)  A person may not establish, conduct, or maintain a limited services rural hospital unless:
(1)  the United States Congress passes a bill creating a payment program specifically for limited services rural hospitals or similarly designated hospitals that becomes law; and
(2)  the commission issues a license to the person to establish, conduct, or maintain a limited services rural hospital under this subchapter.
(b)  If the United States Congress enacts a bill described by Subsection (a)(1) that becomes law, the executive commissioner shall adopt rules:
(1)  establishing minimum standards for the facilities; and
(2)  implementing this section.
(c)  The standards adopted under Subsection (b) must be at least as stringent as the standards established in the law described by Subsection (a) for eligibility to qualify for a payment program established by the law.
(d)  An applicant for a license under this section must:
(1)  submit an application for the license to the commission in a form and manner prescribed by the commission; and
(2)  pay any required fee.
(e)  The commission shall issue a license to act as a limited services rural hospital under this subchapter if the applicant complies with the rules and standards adopted under this section.
(f)  The commission by order may waive or modify the requirement of a particular provision of this chapter or a standard adopted under this section if the commission determines that the waiver or modification will facilitate the creation or operation of the facility and that the waiver or modification is in the best interests of the individuals served or to be served by the facility.  Sections 241.026(d) and (e) apply to a waiver or modification under this section for a limited services rural hospital in the same manner as the subsections apply to a waiver or modification for a hospital.
(g)  A provision of this chapter related to the enforcement authority of the commission applies to a limited services rural hospital.
Added by Acts 2019, 86th Leg., R.S., Ch. 560 (S.B. 1621), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter K. Limited Services Rural Hospital › Section 241.303. Licensing Fee

Sec. 241.303.  LICENSING FEE.  (a)  The executive commissioner by rule shall establish and the commission shall collect a fee for issuing and renewing a license under this subchapter that is in an amount reasonable and necessary to cover the costs of administering and enforcing this subchapter.
(b)  All fees collected under this section shall be deposited in the state treasury to the credit of the commission to administer and enforce this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 560 (S.B. 1621), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter L. Limitation on Civil Liability of Children's Isolation Units › Section 241.351. Definition

Sec. 241.351.  DEFINITION.  In this subchapter, "children's isolation unit" means an isolation unit in a hospital licensed under this chapter that is designed to provide health care services to children with highly contagious infectious diseases.
Added by Acts 2021, 87th Leg., R.S., Ch. 676 (H.B. 1914), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter L. Limitation on Civil Liability of Children's Isolation Units › Section 241.352. Limitation on Civil Liability of Children's Isolation Unit

Sec. 241.352.  LIMITATION ON CIVIL LIABILITY OF CHILDREN'S ISOLATION UNIT.  A children's isolation unit that has instituted isolation protocols is not liable for any claim, damage, or loss arising from the provision of health care services to children with highly contagious diseases, unless the act or omission proximately causing the claim, damage, or loss constitutes gross negligence or wilful misconduct.
Added by Acts 2021, 87th Leg., R.S., Ch. 676 (H.B. 1914), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter M. Hospital at Home Program › Section 241.401. Definitions

Sec. 241.401.  DEFINITIONS.  In this subchapter:
(1)  "Acute hospital care at home waiver program" means:
(A)  the program established by the Centers for Medicare and Medicaid Services under 42 U.S.C. Section 1320b-5 that waives the requirements of 42 C.F.R. Sections 482.23(b) and (b)(1); and
(B)  a successor program to the program described by Paragraph (A) that is established by the United States Congress or the Centers for Medicare and Medicaid Services.
(2)  "Hospital at home program" means a program operated by a hospital to provide in a home setting health care services that are considered to be acute hospital care for purposes of the acute hospital care at home waiver program.
Added by Acts 2023, 88th Leg., R.S., Ch. 232 (H.B. 1890), Sec. 1, eff. May 27, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter M. Hospital at Home Program › Section 241.402. Approval Required

Sec. 241.402.  APPROVAL REQUIRED.  A hospital may not operate a hospital at home program unless the hospital is approved to operate the program by:
(1)  the Centers for Medicare and Medicaid Services; and
(2)  the commission under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 232 (H.B. 1890), Sec. 1, eff. May 27, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter M. Hospital at Home Program › Section 241.403. Minimum Standards

Sec. 241.403.  MINIMUM STANDARDS.  (a) The executive commissioner shall adopt rules establishing minimum standards for the operation of a hospital at home program by a hospital.
(b)  The standards established under Subsection (a) must be at least as stringent as the standards established by the Centers for Medicare and Medicaid Services under the acute hospital care at home waiver program.
Added by Acts 2023, 88th Leg., R.S., Ch. 232 (H.B. 1890), Sec. 1, eff. May 27, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter M. Hospital at Home Program › Section 241.404. Application; Approval

Sec. 241.404.  APPLICATION; APPROVAL.  (a)  An applicant for approval to operate a hospital at home program under this subchapter must:
(1)  submit an application to the commission in the form and manner prescribed by the commission; and
(2)  pay a fee in the amount set by the commission under Section 241.405.
(b)  The commission shall approve an application submitted by an applicant under Subsection (a) of this section if the applicant meets the standards established under Section 241.403 and satisfies the requirements of this section.
(c)  The commission may request that an applicant provide additional information necessary to determine whether the applicant meets the standards established under Section 241.403 after the applicant has submitted an application.
Added by Acts 2023, 88th Leg., R.S., Ch. 232 (H.B. 1890), Sec. 1, eff. May 27, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter M. Hospital at Home Program › Section 241.405. Fee

Sec. 241.405.  FEE.  (a)  The commission may establish a fee to be assessed for the consideration of an application submitted under this subchapter.
(b)  The commission must set the fee in an amount that is reasonable and necessary to cover the costs of administering this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 232 (H.B. 1890), Sec. 1, eff. May 27, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 241 - Hospitals › Subchapter M. Hospital at Home Program › Section 241.406. Waiver of Requirements

Sec. 241.406.  WAIVER OF REQUIREMENTS.  (a) The commission by order may waive or modify a requirement of a particular provision of this subchapter or a standard established under this subchapter if the commission determines that the waiver or modification:
(1)  will facilitate a hospital's creation or operation of a hospital at home program; and
(2)  is in the best interests of the individuals who are or will be served by the hospital's hospital at home program.
(b)  Sections 241.026(d) and (e) apply to a waiver or modification under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 232 (H.B. 1890), Sec. 1, eff. May 27, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter A. General Provisions › Section 242.001. Scope, Purpose, and Implementation

Sec. 242.001.  SCOPE, PURPOSE, AND IMPLEMENTATION.  (a)  It is the goal of this chapter to ensure that institutions in this state deliver the highest possible quality of care.  This chapter, and the rules and standards adopted under this chapter, establish minimum acceptable levels of care.  A violation of a minimum acceptable level of care established under this chapter or a rule or standard adopted under this chapter is forbidden by law.  Each institution licensed under this chapter shall, at a minimum, provide quality care in accordance with this chapter and the rules and standards.  Components of quality of care addressed by these rules and standards include:
(1)  quality of life;
(2)  access to care;
(3)  continuity of care;
(4)  comprehensiveness of care;
(5)  coordination of services;
(6)  humaneness of treatment;
(7)  conservatism in intervention;
(8)  safety of the environment;
(9)  professionalism of caregivers;  and
(10)  participation in useful studies.
(b)  The rules and standards adopted under this chapter may be more stringent than the standards imposed by federal law for certification for participation in the state Medicaid program.  The rules and standards may not be less stringent than the Medicaid certification standards imposed under the Omnibus Budget Reconciliation Act of 1987 (OBRA), Pub.L. No. 100-203.
(c)  The rules and standards adopted under this chapter apply to each licensed institution.  The rules and standards are intended for use in state surveys of the facilities and any investigation and enforcement action and are designed to be useful to consumers and providers in assessing the quality of care provided in an institution.
(d)  The legislature finds that the construction, maintenance, and operation of institutions shall be regulated in a manner that protects the residents of the institutions by:
(1)  providing the highest possible quality of care;
(2)  strictly monitoring all factors relating to the health, safety, welfare, and dignity of each resident;
(3)  imposing prompt and effective remedies for noncompliance with licensing standards;  and
(4)  providing the public with information concerning the operation of institutions in this state.
(e)  It is the legislature's intent that this chapter accomplish the goals listed in Subsection (d).
(f)  This chapter shall be construed broadly to accomplish the purposes set forth in this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter A. General Provisions › Section 242.002. Definitions

Sec. 242.002.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Health and Human Services Commission.
(2)  "Commissioner" means the commissioner of aging and disability services.
(3)  "Controlling person" means a person who controls an institution or other person as described by Section 242.0021.
(4)  "Department" means the Department of Aging and Disability Services.
(5)  "Elderly person" means an individual who is 65 years of age or older.
(5-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(6)  "Facility" means an institution.
(7)  "Governmental unit" means the state or a political subdivision of the state, including a county or municipality.
(8)  "Home" means an institution.
(9)  "Hospital" has the meaning assigned by Chapter 241 (Texas Hospital Licensing Law).
(10)  "Institution" means an establishment that:
(A)  furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and
(B)  provides minor treatment under the direction and supervision of a physician licensed by the Texas Medical Board, or other services that meet some need beyond the basic provision of food, shelter, and laundry.
(11)  "Person" means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, or any other legal entity and includes a legal successor of those entities.
(12)  "Resident" means an individual, including a patient, who resides in an institution.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 30, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 747, Sec. 23, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), 8.084, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 693, Sec. 2, eff. Jan. 1, 1998;  Acts 1997, 75th Leg., ch. 1159, Sec. 1.02, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 404 (S.B. 870), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 1, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0591, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter A. General Provisions › Section 242.0021. Controlling Person

Sec. 242.0021.  CONTROLLING PERSON.  (a)  A person is a controlling person if the person has the ability, acting alone or in concert with others, to directly or indirectly influence, direct, or cause the direction of the management, expenditure of money, or policies of an institution or other person.
(b)  For purposes of this chapter, "controlling person" includes:
(1)  a management company, landlord, or other business entity that operates or contracts with others for the operation of an institution;
(2)  any person who is a controlling person of a management company or other business entity that operates an institution or that contracts with another person for the operation of an institution;  and
(3)  any other individual who, because of a personal, familial, or other relationship with the owner, manager, landlord, tenant, or provider of an institution, is in a position of actual control or authority with respect to the institution, without regard to whether the individual is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the facility.
(b-1)  Notwithstanding any other provision of this section, for purposes of this chapter, a controlling person of an institution or of a management company or other business entity described by Subsection (b)(1) that is a publicly traded corporation or is controlled by a publicly traded corporation means an officer or director of the corporation.  The term does not include a shareholder or lender of the publicly traded corporation.
(c)  A controlling person described by Subsection (b)(3) does not include a person, such as an employee, lender, secured creditor, or landlord, who does not exercise any influence or control, whether formal or actual, over the operation of an institution.
(d)  The executive commissioner may adopt rules that define the ownership interests and other relationships that qualify a person as a controlling person.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.03, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. 2972), Sec. 1, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0592, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter A. General Provisions › Section 242.003. Exemptions

Sec. 242.003.  EXEMPTIONS.  Except as otherwise provided, this chapter does not apply to:
(1)  a hotel or other similar place that furnishes only food, lodging, or both, to its guests;
(2)  a hospital;
(3)  an establishment conducted by or for the adherents of a well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend exclusively on prayer or spiritual means for healing, without the use of any drug or material remedy, if the establishment complies with safety, sanitary, and quarantine laws and rules;
(4)  an establishment that furnishes, in addition to food, shelter, and laundry, only baths and massages;
(5)  an institution operated by a person licensed by the Texas Board of Chiropractic Examiners;
(6)  a facility that:
(A)  primarily engages in training, habilitation, rehabilitation, or education of clients or residents;
(B)  is operated under the jurisdiction of a state or federal agency, including the commission, department, Department of Assistive and Rehabilitative Services, Department of State Health Services, Texas Department of Criminal Justice, and United States Department of Veterans Affairs; and
(C)  is certified through inspection or evaluation as meeting the standards established by the state or federal agency;
(7)  a foster care type residential facility that serves fewer than five persons and operates under rules adopted by the executive commissioner; and
(8)  a facility licensed under Chapter 252 or exempt from licensure under Section 252.003.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 88, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 693, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.093, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0593, eff. April 2, 2015.