reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter C. General Enforcement › Section 247.0455. Notice and Payment of Administrative Penalty; Interest; Refund

Sec. 247.0455.  NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY;  INTEREST;  REFUND.  (a)  The department shall give notice of the findings made under Section 247.0454(d) to the person charged.  If the department finds that a violation has occurred, the department shall give to the person charged written notice of:
(1)  the findings;
(2)  the amount of the administrative penalty;
(3)  the rate of interest payable with respect to the penalty and the date on which interest begins to accrue;
(4)  whether action under Section 247.0457 is required in lieu of payment of all or part of the penalty; and
(5)  the person's right to judicial review of the department order.
(b)  Not later than the 30th day after the date on which the department order is final, the person charged with the penalty shall:
(1)  pay the full amount of the penalty; or
(2)  file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, the department's dissatisfaction with efforts to correct the violation, or any combination of these issues.
(c)  Notwithstanding Subsection (b), the department may permit the person to pay a penalty in installments or may require the person to use all or part of the amount of the penalty in accordance with Section 247.0457.
(d)  If the person does not pay the penalty within the period provided by Subsection (b) or in accordance with Subsection (c), if applicable:
(1)  the penalty is subject to interest;  and
(2)  the department may refer the matter to the attorney general for collection of the penalty and interest.
(e)  Interest under Subsection (d)(1) accrues:
(1)  at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank;  and
(2)  for the period beginning on the day after the date on which the penalty becomes due and ending on the date the penalty is paid.
(f)  If the amount of the penalty is reduced or the assessment of a penalty is not upheld on judicial review, the department shall:
(1)  remit to the person charged the appropriate amount of any penalty payment plus accrued interest; or
(2)  execute a release of the supersedeas bond if one has been posted.
(g)  Accrued interest on amounts remitted by the department under Subsection (f)(1) shall be paid:
(1)  at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank; and
(2)  for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted to the person charged.
Added by Acts 2001, 77th Leg., ch. 1248, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0716, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter C. General Enforcement › Section 247.0456. Application of Other Law

Sec. 247.0456.  APPLICATION OF OTHER LAW.  The department may not assess a monetary penalty under this chapter and a monetary penalty under Chapter 32, Human Resources Code, for the same act or failure to act.
Added by Acts 2001, 77th Leg., ch. 1248, Sec. 8, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter C. General Enforcement › Section 247.0458. Use of Administrative Penalty

Sec. 247.0458.  USE OF ADMINISTRATIVE PENALTY.  Money from an administrative penalty collected under this subchapter may be appropriated for the purpose of funding the grant program established under Section 161.074, Human Resources Code.
Added by Acts 2005, 79th Leg., Ch. 786 (S.B. 52), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter C. General Enforcement › Section 247.0459. Violation of Law Relating to Advance Directives

Sec. 247.0459.  VIOLATION OF LAW RELATING TO ADVANCE DIRECTIVES.  (a)  The department shall assess an administrative penalty against an assisted living facility that violates Section 166.004.
(b)  A penalty assessed under this section shall be $500.
(c)  The penalty shall be assessed in accordance with department rules.  The rules must provide for notice and an opportunity for a hearing.
Added by Acts 1999, 76th Leg., ch. 450, Sec. 2.05, eff. Sept. 1, 1999.  Renumbered from Sec. 247.0455 and amended by by Acts 2001, 77th Leg., ch. 1248, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter C. General Enforcement › Section 247.046. Cooperation Among Agencies

Sec. 247.046.  COOPERATION AMONG AGENCIES.  The executive commissioner by rule for the department and the Department of Family and Protective Services and the attorney general by rule shall adopt a memorandum of understanding that:
(1)  defines those agencies' responsibilities concerning assisted living facilities and coordinates those agencies' activities;
(2)  details coordinated procedures to be used by those agencies in responding to complaints relating to neglect or abuse of residents of facilities, to substandard facilities, and to unlicensed facilities;
(3)  identifies enforcement needs those agencies may have in order to perform their duties under the memorandum of understanding, including any need for access to information or to facilities under investigation or operating under a plan of correction; and
(4)  provides a plan for correcting violations in substandard or unlicensed assisted living facilities that specifies the conditions under which it is appropriate to impose such a plan and that outlines a schedule of implementation for the plan.
Added by Acts 1991, 72nd Leg., ch. 349, Sec. 1, eff. June 5, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.093, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 416, Sec. 5, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0718, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter C. General Enforcement › Section 247.048. Regional Training for Agencies and Local Governments

Sec. 247.048.  REGIONAL TRAINING FOR AGENCIES AND LOCAL GOVERNMENTS.  The department periodically shall conduct regional training programs for representatives of local governments and appropriate state agencies relating to assisted living facility concerns.  The training programs must provide to participants information relating to the assisted living facility industry, including information on:
(1)  the general characteristics of assisted living facilities and residents of those facilities;
(2)  the different types of assisted living facilities;
(3)  the laws applicable to assisted living facilities;  and
(4)  the authority of the department and other entities to enforce applicable laws.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter C. General Enforcement › Section 247.049. Use of Regulatory Reports and Documents

Sec. 247.049.  USE OF REGULATORY REPORTS AND DOCUMENTS.  (a)  Except as otherwise provided by this section, a report or other document prepared by the department that relates to regulation of an assisted living facility is not admissible as evidence in a civil action to prove that the facility violated a standard prescribed under this chapter.
(b)  Subsection (a) does not:
(1)  bar the admission into evidence of department reports or other documents in an enforcement action in which the state or an agency or political subdivision of the state is a party, including:
(A)  an action seeking injunctive relief under Section 247.044;
(B)  an action seeking imposition of a civil penalty under Section 247.045;
(C)  a contested case hearing involving denial, suspension, or revocation of a license issued under this chapter;  and
(D)  an action seeking imposition of an administrative penalty under this subchapter;
(2)  bar the admission into evidence of department reports or other documents that are offered:
(A)  to establish warning or notice to an assisted living facility of a relevant department determination;  or
(B)  under any rule or evidentiary predicate of the Texas Rules of Evidence;
(3)  prohibit or limit the testimony of a department employee, in accordance with the Texas Rules of Evidence, as to observations, factual findings, conclusions, or determinations that an assisted living facility violated a standard prescribed under this chapter if the observations, factual findings, conclusions, or determinations were made in the discharge of the employee's official duties for the department;  or
(4)  prohibit or limit the use of department reports or other documents in depositions or other forms of discovery conducted in connection with a civil action if use of the reports or other documents appears reasonably calculated to lead to the discovery of admissible evidence.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1248, Sec. 9, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter C. General Enforcement › Section 247.050. Monitoring of Unlicensed Facilities; Reporting

Sec. 247.050.  MONITORING OF UNLICENSED FACILITIES;  REPORTING.  (a)  The executive commissioner shall adopt procedures to monitor the status of unlicensed assisted living facilities.  As part of these procedures, the department shall:
(1)  maintain a registry of all reported unlicensed assisted living facilities for the purpose of periodic follow-up by the field staff in each region; and
(2)  prepare a quarterly report that shows the number of:
(A)  complaints relating to unlicensed assisted living facilities that are received;
(B)  complaints that are investigated;
(C)  unsubstantiated complaints;
(D)  substantiated complaints; and
(E)  cases referred to the attorney general.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 990, Sec. 10(5), eff. June 17, 2011.
(c)  The department shall file a copy of the quarterly reports required by this section with the substantive committees of each house of the legislature with jurisdiction over regulation of assisted living facilities.
(d)  The department shall permanently retain at least one copy or one electronic source of information pertaining to complaints and investigations of unlicensed assisted living facilities used to maintain a registry as required under Subsection (a)(1) and used to prepare a report under Subsection (a)(2).
Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 974 (S.B. 344), Sec. 5, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.09, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.18, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 990 (H.B. 1781), Sec. 8, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 990 (H.B. 1781), Sec. 10(5), eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0719, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter D. Miscellaneous Provisions › Section 247.061. Coordination Between Agencies

Sec. 247.061.  COORDINATION BETWEEN AGENCIES.  (a)  The executive commissioner and the attorney general shall adopt by rule a memorandum of understanding that:
(1)  defines the department's and the attorney general's responsibilities concerning assisted living facilities;
(2)  outlines and coordinates procedures to be used by those agencies in responding to complaints concerning assisted living facilities; and
(3)  provides a plan for correcting violations or deficiencies in assisted living facilities.
(b)  The department shall prepare the initial draft of the memorandum of understanding and shall facilitate and ensure its adoption.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.095, eff. Sept. 1, 1995.  Renumbered from Sec. 247.062 and amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0721, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter D. Miscellaneous Provisions › Section 247.062. Directory of Assisted Living Facilities; Consumers' Guide

Sec. 247.062.  DIRECTORY OF ASSISTED LIVING FACILITIES;  CONSUMERS' GUIDE.  (a)  The department shall prepare a directory of assisted living facilities that includes the name of the owner, the address and telephone number of the facility, the number of beds in the facility, and the facility's accessibility to persons with disabilities.
(b)  The department shall revise the directory annually and shall make it available to the public.
(c)  The department shall prepare a consumers' guide to assisted living facilities and make it available to the public.  The consumers' guide shall provide information on licensing requirements for assisted living facilities, a brief description of minimum standards for facilities, a copy of the residents' bill of rights, a copy of the providers' bill of rights, and any other information that the department determines may be useful to the public.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Renumbered from 247.063 and amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0722, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter D. Miscellaneous Provisions › Section 247.063. Referrals

Sec. 247.063.  REFERRALS.  (a)  If the Department of State Health Services, the department, a local mental health authority, or a local intellectual and developmental disability authority refers a patient or client to an assisted living facility, the referral may not be made to a facility that is not licensed under this chapter.
(b)  If the Department of State Health Services or a local mental health or intellectual and developmental disability authority gains knowledge of an assisted living facility that is not operated or licensed by the department or the authority and that has four or more residents who are unrelated to the proprietor of the facility, the Department of State Health Services or the authority shall report the name, address, and telephone number of the facility to the department.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.096, eff. Sept. 1, 1995.  Renumbered from Sec. 247.064 and amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0723, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter D. Miscellaneous Provisions › Section 247.0631. Access

Sec. 247.0631.  ACCESS.  An employee of the Department of State Health Services or an employee of a local mental health or intellectual and developmental disability authority may enter an assisted living facility as necessary to provide services to a resident of the facility.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0724, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter D. Miscellaneous Provisions › Section 247.064. Residents' Bill of Rights

Sec. 247.064.  RESIDENTS' BILL OF RIGHTS.  (a)  Each assisted living facility shall post a residents' bill of rights in a prominent place in the facility.
(b)  The residents' bill of rights must provide that each resident in the assisted living facility has the right to:
(1)  manage the resident's financial affairs;
(2)  determine the resident's dress, hair style, or other personal effects according to individual preference, except that the resident has the responsibility to maintain personal hygiene;
(3)  retain and use personal property in the resident's immediate living quarters and to have an individual locked cabinet in which to keep personal property;
(4)  receive and send unopened mail;
(5)  unaccompanied access to a telephone at a reasonable hour or in case of an emergency or personal crisis;
(6)  privacy;
(7)  unrestricted communication, including personal visitation with any person of the resident's choice, at any reasonable hour, including family members and representatives of advocacy groups and community service organizations;
(8)  make contacts with the community and to achieve the highest level of independence, autonomy, and interaction with the community of which the resident is capable;
(9)  present grievances on behalf of the resident or others to the operator, state agencies, or other persons without threat of reprisal in any manner;
(10)  a safe and decent living environment and considerate and respectful care that recognizes the dignity and individuality of the resident;
(11)  refuse to perform services for the facility, except as contracted for by the resident and operator;
(12)  practice the religion of the resident's choice;
(13)  leave the facility temporarily or permanently, subject to contractual or financial obligations;  and
(14)  not be deprived of any constitutional, civil, or legal right solely by reason of residence in an assisted living facility.
(c)  The residents' bill of rights must be written in the primary language of each resident of the facility and must also provide the toll-free telephone number of the department for reporting abuse or neglect.
(d)  The rights provided under this section do not take precedence over health and safety rights of other residents of the facility.
(e)  The department shall develop a residents' bill of rights in accordance with this section and provide a copy to each facility.  The copy shall be written in the primary language of each resident of the facility.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 247.065 and amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter D. Miscellaneous Provisions › Section 247.065. Providers' Bill of Rights

Sec. 247.065.  PROVIDERS' BILL OF RIGHTS.  (a)  Each assisted living facility shall post a providers' bill of rights in a prominent place in the facility.
(b)  The providers' bill of rights must provide that a provider of personal care services has the right to:
(1)  be shown consideration and respect that recognizes the dignity and individuality of the provider and assisted living facility;
(2)  terminate a resident's contract for just cause after a written 30-day notice;
(3)  terminate a contract immediately, after notice to the department, if the provider finds that a resident creates a serious or immediate threat to the health, safety, or welfare of other residents of the assisted living facility;
(4)  present grievances, file complaints, or provide information to state agencies or other persons without threat of reprisal or retaliation;
(5)  refuse to perform services for the resident or the resident's family other than those contracted for by the resident and the provider;
(6)  contract with the community to achieve the highest level of independence, autonomy, interaction, and services to residents;
(7)  access to patient information concerning a client referred to the facility, which must remain confidential as provided by law;
(8)  refuse a person referred to the facility if the referral is inappropriate;
(9)  maintain an environment free of weapons and drugs;  and
(10)  be made aware of a resident's problems, including self-abuse, violent behavior, alcoholism, or drug abuse.
Added by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 247.066 and amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter D. Miscellaneous Provisions › Section 247.067. Health Care Professionals

Sec. 247.067.  HEALTH CARE PROFESSIONALS.  (a)  In this section, "health care professional" means an individual licensed, certified, or otherwise authorized to administer health care, for profit or otherwise, in the ordinary course of business or professional practice.  The term includes a physician, registered nurse, licensed vocational nurse, licensed dietitian, physical therapist, and occupational therapist.
(b)  Unless otherwise prohibited by law, a health care professional may be employed by an assisted living facility to provide at the facility to the facility's residents services that are authorized by this chapter and that are within the professional's scope of practice.  This subsection does not authorize a facility to provide ongoing services comparable to the services available in an institution licensed under Chapter 242.  A health care professional providing services under this subsection shall maintain medical records of those services in accordance with the licensing, certification, or other regulatory standards applicable to the health care professional under law.
(c)  A resident of an assisted living facility has the right to contract with a home and community support services agency licensed under Chapter 142 or with an independent health professional for health care services.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.08(c), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter D. Miscellaneous Provisions › Section 247.068. Retaliation Prohibited

Sec. 247.068.  RETALIATION PROHIBITED.  (a)  A person licensed under this chapter may not retaliate against a person for filing a complaint, presenting a grievance, or providing in good faith information relating to personal care services provided by the license holder.
(b)  This section does not prohibit a license holder from terminating an employee for a reason other than retaliation.
(c)  A department employee may not retaliate against an assisted living facility, an employee of an assisted living facility, or a person in control of an assisted living facility for:
(1)  complaining about the conduct of a department employee;
(2)  disagreeing with a department employee about the existence of a violation of this chapter or a rule adopted under this chapter; or
(3)  asserting a right under state or federal law.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 305 (H.B. 2109), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter D. Miscellaneous Provisions › Section 247.069. Consumer Choice for Assisted Living in Community Care Programs

Sec. 247.069.  CONSUMER CHOICE FOR ASSISTED LIVING IN COMMUNITY CARE PROGRAMS.  The community based alternatives program and the residential care programs, which provide an assisted living option to consumers, shall provide a consumer the opportunity to choose an assisted living facility that meets the department's licensing standards relating to facility construction without regard to the number of units in the facility, if  consumers are advised of all other community care options.
Added by Acts 2005, 79th Leg., Ch. 870 (S.B. 1055), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 18, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter D. Miscellaneous Provisions › Section 247.070. Guardianship Orders

Sec. 247.070.  GUARDIANSHIP ORDERS.  An assisted living facility shall make a reasonable effort to request a copy of any court order appointing a guardian of a resident or a resident's estate from the resident's nearest relative or the person responsible for the resident's support. An assisted living facility that receives a copy of a court order appointing a guardian of a resident or a resident's estate shall maintain a copy of the court order in the resident's medical records.
Added by Acts 2015, 84th Leg., R.S., Ch. 724 (H.B. 1337), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter D. Miscellaneous Provisions › Section 247.071. Local Approval of Assisted Living Facility

Sec. 247.071.  LOCAL APPROVAL OF ASSISTED LIVING FACILITY.  (a)  In this section, "governmental unit" means a municipality, county, or other political subdivision of the state that has the authority to adopt a building code or fire code.
(b)  A governmental unit that adopts a building code or fire code governs the interpretation and enforcement of that building code or fire code.
(c)  The commission may not issue a citation for a violation of a building code or fire code adopted by a governmental unit to an assisted living facility that presents evidence of the governmental unit's determination that the assisted living facility is compliant with the code.  If the commission cites an assisted living facility for a building code or fire code violation and the assisted living facility subsequently provides the evidence described by this subsection, the commission shall rescind the citation.
(d)  Subsection (c) does not restrict the authority of the commission to issue a citation to an assisted living facility for a violation of any National Fire Protection Association codes or standards adopted under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 66 (S.B. 1049), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter D. Miscellaneous Provisions › Section 247.072. Applicants for Employment; Criminal History Check

Sec. 247.072.  APPLICANTS FOR EMPLOYMENT; CRIMINAL HISTORY CHECK.  (a)  In addition to the prohibitions provided by Section 250.003, an assisted living facility licensed under this chapter may not employ at the facility an applicant who fails to indicate in a written statement developed by the commission and included with the submitted application that the applicant has not been convicted of an offense described by Section 250.006.  For purposes of this subsection, a person who commits an offense in another state that is substantially similar to an offense described by Section 250.006 is considered to have committed the offense described by that section.
(b)  If an applicant for employment at an assisted living facility states in the application that the applicant resided in another state during the five years preceding the date of the application, the facility, before employing the applicant in a permanent position, shall conduct a name-based criminal history check in each state in which the applicant previously resided.
(c)  The commission shall develop the statement described by Subsection (a) and make the statement available to assisted living facilities on the commission's Internet website.
(d)  If an assisted living facility employs a person pending an out-of-state criminal history check under Subsection (b), the facility shall ensure the person has no direct contact with a resident until the facility obtains the person's criminal history record information and verifies the person is not barred from employment under Section 250.006.
Added by Acts 2021, 87th Leg., R.S., Ch. 363 (S.B. 271), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.081. Scope of Subchapter

Sec. 247.081.  SCOPE OF SUBCHAPTER.  This subchapter applies to any dispute between a facility licensed under this chapter and the department relating to:
(1)  renewal of a license under Section 247.023;
(2)  suspension, revocation, or denial of a license under Section 247.041;
(3)  assessment of a civil penalty under Section 247.045; or
(4)  assessment of an administrative penalty under Section 247.0451.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.082. Election of Arbitration

Sec. 247.082.  ELECTION OF ARBITRATION.  (a)  Except as provided by Subsection (d), an affected facility may elect binding arbitration of any dispute to which this subchapter applies.  Arbitration under this subchapter is an alternative to a contested case hearing or to a judicial proceeding relating to the assessment of a civil penalty.
(b)  An affected facility may elect arbitration under this subchapter by filing the election with the court in which the lawsuit is pending and sending notice of the election to the department and the office of the attorney general.  The election must be filed not later than the 10th day after the date on which the answer is due or the date on which the answer is filed, whichever is earlier. If a civil penalty is requested after the initial filing of a Section 242.094 action through the filing of an amended or supplemental pleading, an affected facility must elect arbitration not later than the 10th day after the date on which the amended or supplemental pleading is served on the affected facility or the facility's counsel.
(c)  The department may elect arbitration under this subchapter by filing the election with the court in which the lawsuit is pending and by notifying the facility of the election not later than the date on which the facility may elect arbitration under Subsection (b).
(d)  Arbitration may not be used to resolve a dispute related to an affected facility that has had an arbitration award levied against it in the previous five years.
(e)  If arbitration is not permitted under this subchapter or the election of arbitration is not timely filed:
(1)  the court shall dismiss the arbitration election and retain jurisdiction of the lawsuit; and
(2)  the State Office of Administrative Hearings shall dismiss the arbitration and does not have jurisdiction over the lawsuit.
(f)  An election to engage in arbitration under this subchapter is irrevocable and binding on the facility and the department.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.083. Arbitration Procedures

Sec. 247.083.  ARBITRATION PROCEDURES.  (a)  The arbitration shall be conducted by an arbitrator.
(b)  The arbitration and the appointment of the arbitrator shall be conducted in accordance with rules adopted by the chief administrative law judge of the State Office of Administrative Hearings.  Before adopting rules under this subsection, the chief administrative law judge shall consult with the department and shall consider appropriate rules developed by any nationally recognized association that performs arbitration services.
(c)  The party that elects arbitration shall pay the cost of the arbitration.  The total fees and expenses paid for an arbitrator for a day may not exceed $1,000.
(d)  The State Office of Administrative Hearings may designate a nationally recognized association that performs arbitration services to conduct arbitrations under this subchapter and may, after consultation with the department, contract with that association for the arbitrations.
(e)  On request by the department, the attorney general may represent the department in the arbitration.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.084. Arbitrator Qualifications

Sec. 247.084.  ARBITRATOR QUALIFICATIONS.  Each arbitrator must be on an approved list of a nationally recognized association that performs arbitration services or be otherwise qualified as provided in the rules adopted under Section 247.083(b).
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.085. Arbitrator Selection

Sec. 247.085.  ARBITRATOR SELECTION.  The arbitrator shall be appointed in accordance with the rules adopted under Section 247.083(b).
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.086. Arbitrator Duties

Sec. 247.086.  ARBITRATOR DUTIES.  The arbitrator shall:
(1)  protect the interests of the department and the facility;
(2)  ensure that all relevant evidence has been disclosed to the arbitrator, department, and facility; and
(3)  render an order consistent with this chapter and the rules adopted under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.087. Scheduling of Arbitration

Sec. 247.087.  SCHEDULING OF ARBITRATION.  (a)  The arbitrator conducting the arbitration shall schedule arbitration to be held not later than the 90th day after the date the arbitrator is selected and shall notify the department and the facility of the scheduled date.
(b)  The arbitrator may grant a continuance of the arbitration at the request of the department or facility.  The arbitrator may not unreasonably deny a request for a continuance.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.088. Exchange and Filing of Information

Sec. 247.088.  EXCHANGE AND FILING OF INFORMATION.  Not later than the seventh day before the first day of arbitration, the department and the facility shall exchange and file with the arbitrator:
(1)  all documentary evidence not previously exchanged and filed that is relevant to the dispute; and
(2)  information relating to a proposed resolution of the dispute.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.089. Attendance

Sec. 247.089.  ATTENDANCE.  (a)  The arbitrator may proceed in the absence of any party or representative of a party who, after notice of the proceeding, fails to be present or to obtain a postponement.
(b)  An arbitrator may not make an order solely on the default of a party and shall require the party who is present to submit evidence, as required by the arbitrator, before making an award.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.090. Testimony; Record

Sec. 247.090.  TESTIMONY; RECORD.  (a)  The arbitrator may require witnesses to testify under oath and shall require testimony under oath if requested by the department or the facility.
(b)  The department shall make an electronic recording of the proceeding.
(c)  An official stenographic record of the proceeding is not required, but the department or the facility may make a stenographic record.  The party that makes the stenographic record shall pay the expense of having the record made.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.091. Evidence

Sec. 247.091.  EVIDENCE.  (a)  The department or the facility may offer evidence and shall produce additional evidence as the arbitrator considers necessary to understand and resolve the dispute.
(b)  The arbitrator is the judge of the relevance and materiality of the evidence offered.  Strict conformity to rules applicable to judicial proceedings is not required.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.092. Closing Statements; Briefs

Sec. 247.092.  CLOSING STATEMENTS; BRIEFS.  The department and the facility may present closing statements, but the record does not remain open for written briefs unless required by the arbitrator.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.093. Ex Parte Contacts Prohibited

Sec. 247.093.  EX PARTE CONTACTS PROHIBITED.  (a)  Except as provided by Subsection (b), the department and the facility may not communicate with an arbitrator other than at an oral hearing unless the parties and the arbitrator agree otherwise.
(b)  Any oral or written communication, other than a communication authorized under Subsection (a), from the parties to an arbitrator shall be directed to the association that is conducting the arbitration or, if there is no association conducting the arbitration, to the State Office of Administrative Hearings for transmittal to the arbitrator.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.094. Order

Sec. 247.094.  ORDER.  (a)  The arbitrator may enter any order that may be entered by the department, executive commissioner, commissioner, or court under this chapter in relation to a dispute described by Section 247.081.
(b)  The arbitrator shall enter the order not later than the 60th day after the last day of the arbitration.
(c)  The arbitrator shall base the order on the facts established at arbitration, including stipulations of the parties, and on the law as properly applied to those facts.
(d)  The order must:
(1)  be in writing;
(2)  be signed and dated by the arbitrator; and
(3)  include a statement of the arbitrator's decision on the contested issues and the department's and facility's stipulations on uncontested issues.
(e)  The arbitrator shall file a copy of the order with the department and shall notify the department and the facility in writing of the decision.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0726, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.095. Effect of Order

Sec. 247.095.  EFFECT OF ORDER.  An order of an arbitrator under this subchapter is final and binding on all parties.  Except as provided by Section 247.097, there is no right to appeal.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.096. Clerical Error

Sec. 247.096.  CLERICAL ERROR.  For the purpose of correcting a clerical error, an arbitrator retains jurisdiction of the award until the 20th day after the date of the award.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.097. Court Vacating Order

Sec. 247.097.  COURT VACATING ORDER.  (a)  On a finding described by Subsection (b), a court shall:
(1)  on application of a facility, vacate an arbitrator's order with respect to an arbitration conducted at the election of the department; or
(2)  on application of the department, vacate an arbitrator's order with respect to an arbitration conducted at the election of a facility.
(b)  A court shall vacate an arbitrator's order under Subsection (a) only on a finding that:
(1)  the order was procured by corruption, fraud, or misrepresentation;
(2)  the decision of the arbitrator was arbitrary or capricious and against the weight of the evidence; or
(3)  the order exceeded the jurisdiction of the arbitrator under Section 247.094(a).
(c)  If the order is vacated, the dispute shall be remanded to the department for another arbitration proceeding.
(d)  A suit to vacate an arbitrator's order must be filed not later than the 30th day after:
(1)  the date of the award; or
(2)  the date the facility or department knew or should have known of a basis for suit under this section, but in no event later than the first anniversary of the date of the order.
(e)  Venue for a suit to vacate an arbitrator's order is in the county in which the arbitration was conducted.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 247 - Assisted Living Facilities › Subchapter E. Arbitration › Section 247.098. Enforcement of Certain Arbitration Orders for Civil Penalties

Sec. 247.098.  ENFORCEMENT OF CERTAIN ARBITRATION ORDERS FOR CIVIL PENALTIES.  (a) This section applies only to a suit for the assessment of a civil penalty under Section 247.045 in which binding arbitration has been elected under this subchapter as an alternative to the judicial proceeding.
(b)  On application of a party to the suit, the district court in which the underlying suit has been filed shall enter a judgment in accordance with the arbitrator's order unless, within the time limit prescribed by Section 247.097(d)(2), a motion is made to the court to vacate the arbitrator's order in accordance with Section 247.097.
(c)  A judgment filed under Subsection (b) is enforceable in the same manner as any other judgment of the court.  The court may award costs for an application made under Subsection (b) and for any proceedings held after the application is made.
(d)  Subsection (b) does not affect the right of a party, in accordance with Section 247.097 and within the time limit prescribed by Section 247.097(d)(2), if applicable, to make a motion to the court or initiate a proceeding in court as provided by law to vacate the arbitrator's order or to vacate a judgment of the court entered in accordance with the arbitrator's order.
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter A. General Provisions › Section 248.001. Short Title

Sec. 248.001.  SHORT TITLE.  This chapter may be cited as the Texas Special Care Facility Licensing Act.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.