reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter B. Licensing, Fees, and Inspections › Section 242.0445. Reporting of Violations

Sec. 242.0445.  REPORTING OF VIOLATIONS.  (a)  The department or the department's representative conducting an inspection, survey, or investigation under Section 242.043 or 242.044 shall:
(1)  list each violation of a law or rule on a form designed by the department for inspections;  and
(2)  identify the specific law or rule the facility violated.
(a-1)  If the commission or the commission's representative conducting an inspection, survey, or investigation under Section 242.043 or 242.044 identifies a violation that constitutes immediate jeopardy to the health or safety of a resident:
(1)  the commission shall immediately notify the facility's management of the violation; and
(2)  a commission representative shall remain in or be accessible to the facility until the commission has received the facility's plan of removal related to the violation.
(b)  At the conclusion of an inspection, survey, or investigation under Section 242.043 or 242.044, the department or the department's representative conducting the inspection, survey, or investigation shall discuss the violations with the facility's management in an exit conference.  The department or the department's representative shall leave a written list of the violations with the facility at the time of the exit conference.  If the department or the department's representative discovers any additional violations during the review of field notes or preparation of the official final list, the department or the department's representative shall give the facility an additional exit conference regarding the additional violations.  An additional exit conference must be held in person and may not be held by telephone, e-mail, or facsimile transmission.
(b-1)  Not later than the fifth working day after the date the facility receives the final statement of violations under this section, the facility shall provide a copy of the statement to a representative of the facility's family council.
(c)  The facility shall submit a plan to correct the violations to the regional director not later than the 10th working day after the date the facility receives the final official statement of violations.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 798 (S.B. 131), Sec. 2, eff. September 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 974 (S.B. 344), Sec. 3, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 637 (S.B. 1519), Sec. 3, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 805 (H.B. 2205), Sec. 2, eff. June 10, 2019.
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 B. Licensing, Fees, and Inspections › Section 242.045. Disclosure of Unannounced Inspections; Criminal Penalty

Sec. 242.045.  DISCLOSURE OF UNANNOUNCED INSPECTIONS;  CRIMINAL PENALTY.  (a)  Except as expressly provided by this chapter, a person commits an offense if the person intentionally, knowingly, or recklessly discloses to an unauthorized person the date, time, or any other fact about an unannounced inspection of an institution before the inspection occurs.
(b)  In this section, "unauthorized person" does not include:
(1)  the department;
(2)  the office of the attorney general;
(3)  a statewide organization for the elderly, including the AARP and the Texas Senior Citizen Association;
(4)  an ombudsman or representative of the department;
(5)  a representative of an agency or organization when a Medicare or Medicaid survey is made concurrently with a licensing inspection; or
(6)  any other person or entity authorized by law to make an inspection or to accompany an inspector.
(c)  An offense under this section is a third degree felony.
(d)  A person convicted under this section is not eligible for state employment.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.11, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0610, 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 B. Licensing, Fees, and Inspections › Section 242.046. Open Hearing

Sec. 242.046.  OPEN HEARING.  (a)  The department shall hold an open hearing in a licensed institution if the department has taken a punitive action against the institution in the preceding 12 months or if the department receives a complaint from an ombudsman, advocate, resident, or relative of a resident relating to a serious or potentially serious problem in the institution and the department has reasonable cause to believe the complaint is valid.  The department is not required to hold more than one open meeting in a particular institution in each year.
(b)  The department shall give notice of the time, place, and date of the hearing to:
(1)  the institution;
(2)  the designated closest living relative or legal guardian of each resident;  and
(3)  appropriate state or federal agencies that work with the institution.
(c)  The department may exclude an institution's administrators and personnel from the hearing.
(d)  The department shall notify the institution of any complaints received at the hearing and, without identifying the source of the complaints, provide a summary of them to the institution.
(e)  The department shall determine and implement a mechanism to notify confidentially a complainant of the results of the investigation of the complaint.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 89, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0611, 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 B. Licensing, Fees, and Inspections › Section 242.048. Licensing Surveys

Sec. 242.048.  LICENSING SURVEYS.  The department shall provide a team to conduct surveys to validate findings of licensing surveys.  The purpose of validation surveys is to assure that survey teams throughout the state survey in a fair and consistent manner.  A facility subjected to a validation survey must correct deficiencies cited by the validation team but is not subject to punitive action for those deficiencies.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 90, eff. Sept. 1, 1991.
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 B. Licensing, Fees, and Inspections › Section 242.051. Notification of Award of Exemplary Damages

Sec. 242.051.  NOTIFICATION OF AWARD OF EXEMPLARY DAMAGES.  (a)  If exemplary damages are awarded under Chapter 41, Civil Practice and Remedies Code, against an institution or an officer, employee, or agent of an institution, the court shall notify the department.
(b)  If the department receives notice under Subsection (a), the department shall maintain the information contained in the notice in the records of the department relating to the history of the institution.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 2.01, eff. June 15, 2001.
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 B. Licensing, Fees, and Inspections › Section 242.052. Drug Testing of Employees

Sec. 242.052.  DRUG TESTING OF EMPLOYEES.  (a)  An institution may establish a drug testing policy for employees of the institution.  An institution that establishes a drug testing policy under this subsection may adopt the model drug testing policy adopted by the executive commissioner or may use another drug testing policy.
(b)  The executive commissioner by rule shall adopt a model drug testing policy for use by institutions.  The model drug testing policy must be designed to ensure the safety of residents through appropriate drug testing and to protect the rights of employees.  The model drug testing policy must:
(1)  require at least one scheduled drug test each year for each employee of an institution that has direct contact with a resident in the institution; and
(2)  authorize random, unannounced drug testing for employees described by Subdivision (1).
Added by Acts 2001, 77th Leg., ch. 1025, Sec. 2, eff. Sept. 1, 2001.  Renumbered from Health & Safety Code Sec. 242.050 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(92), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0614, 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 C. General Enforcement › Section 242.0615. Exclusion

Sec. 242.0615.  EXCLUSION.  (a)  The department, after providing notice and opportunity for a hearing, may exclude a person from eligibility for a license under this chapter if the person or any person described by Section 242.032(d) has substantially failed to comply with this chapter and the rules adopted under this chapter.  The authority granted by this subsection is in addition to the authority to deny issuance of a license under Section 242.061(a-1).
(b)  Exclusion of a person under this section must extend for a period of at least two years and may extend throughout the person's lifetime or existence.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.13, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 2.03, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 18, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1142 (S.B. 304), Sec. 2, eff. June 19, 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 C. General Enforcement › Section 242.062. Emergency Suspension or Closing Order

Sec. 242.062.  EMERGENCY SUSPENSION OR CLOSING ORDER.  (a)  The department shall suspend an institution's license or order an immediate closing of part of the institution if:
(1)  the department finds the institution is operating in violation of the standards prescribed by this chapter;  and
(2)  the violation creates an immediate threat to the health and safety of a resident.
(b)  The executive commissioner by rule shall provide for the placement of residents during the institution's suspension or closing to ensure their health and safety.
(c)  An order suspending a license or closing a part of an institution under this section is immediately effective on the date on which the license holder receives written notice or a later date specified in the order.
(d)  An order suspending a license or ordering an immediate closing of a part of an institution is valid for 10 days after the effective date of the order.
(e)  A court having jurisdiction of a judicial review of the matter may not order arbitration, whether on motion of any party or on the court's own motion, to resolve a dispute involving an emergency suspension or closing order under this section or the conduct with respect to which the emergency suspension or closing order is sought.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1094, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0615, 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 C. General Enforcement › Section 242.063. Injunction

Sec. 242.063.  INJUNCTION.  (a)  The department may petition a district court for:
(1)  a temporary restraining order to restrain a person from a violation or threatened violation of the standards imposed under this chapter or any other law affecting residents if the department reasonably believes that the violation or threatened violation creates an immediate threat to the health and safety of a resident;  and
(2)  an injunction to restrain a person from a violation or threatened violation of the standards imposed under this chapter or by any other law affecting residents if the department reasonably believes that the violation or threatened violation creates a threat to the health and safety of a resident.
(b)  A district court, on petition of the department, may by injunction:
(1)  prohibit a person from violating the standards or licensing requirements prescribed by this chapter;
(2)  restrain or prevent the establishment, conduct, management, or operation of an institution without a license issued under this chapter;  or
(3)  grant the injunctive relief warranted by the facts on a finding by the court that a person is violating or threatening to violate the standards or licensing requirements prescribed by this chapter.
(c)  The attorney general, on request by the department, shall institute and conduct in the name of the state a suit authorized by this section or Subchapter D.
(d)  A suit for a temporary restraining order or other injunctive relief must be brought in the county in which the alleged violation occurs.
(e)  Repealed by Acts 2003, 78th Leg., ch. 198, Sec. 2.58(b).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.14, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 198, Sec. 2.58(a), (b), eff. Sept. 1, 2003.
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 C. General Enforcement › Section 242.064. License Requirement; Criminal Penalty

Sec. 242.064.  LICENSE REQUIREMENT;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 242.031.
(b)  An offense under this section is punishable by a fine of not more than $1,000 for the first offense and not more than $500 for each subsequent offense.
(c)  Each day of a continuing violation after conviction is a separate offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter C. General Enforcement › Section 242.0661. Administrative Penalty for Confiscation or Misappropriation of Federal Payments

Sec. 242.0661.  ADMINISTRATIVE PENALTY FOR CONFISCATION OR MISAPPROPRIATION OF FEDERAL PAYMENTS.  (a) In this section:
(1)  "Eligible federal payment" means a payment made to an individual by the federal government that is not designated by law as income or a resource for purposes of an individual's Medicaid eligibility.
(2)  "Medicaid" means the medical assistance program established under Chapter 32, Human Resources Code.
(3)  "Misappropriate" means the taking, secretion, misapplication, deprivation, transfer, or attempted transfer to any person not entitled to receive any real or personal property or anything of value belonging to or under the legal control of a resident without the effective consent of the resident or other appropriate legal authority.
(b)  A facility may not confiscate or misappropriate an eligible federal payment made to a resident who is a recipient of Medicaid. Notwithstanding Section 242.066(b), a facility that violates this section is subject to an administrative penalty in the amount equal to $25,000 for each violation. Each day the facility fails to return confiscated or misappropriated money to the resident constitutes a separate violation.
Added by Acts 2023, 88th Leg., R.S., Ch. 400 (H.B. 1290), Sec. 1, eff. September 1, 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 C. General Enforcement › Section 242.0663. Violation of Law Relating to Advance Directives

Sec. 242.0663.  VIOLATION OF LAW RELATING TO ADVANCE DIRECTIVES.  (a)  The department shall assess an administrative penalty under this subchapter against an institution that violates Section 166.004.
(b)  Notwithstanding Sections 242.066(b) and (c), a penalty assessed in accordance with this section shall be $500 and a separate penalty may not be assessed for a separate day of a continuing violation.
(c)  Section 242.0665 does not apply to a penalty assessed in accordance with this section.
Added by Acts 1999, 76th Leg., ch. 450, Sec. 2.04, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter C. General Enforcement › Section 242.068. Hearings on Administrative Penalties

Sec. 242.068.  HEARINGS ON ADMINISTRATIVE PENALTIES.  (a)  An administrative law judge of the State Office of Administrative Hearings shall order a hearing and the department shall give notice of the hearing if a person charged under Section 242.067(c) requests a hearing.
(b)  The hearing shall be held before an administrative law judge.
(c)  The administrative law judge shall make findings of fact and conclusions of law regarding the occurrence of a violation of this chapter or a rule or order adopted or license issued under this chapter.
(d)  Based on the findings of fact and conclusions of law, the administrative law judge by order shall find:
(1)  a violation has occurred and assess an administrative penalty;  or
(2)  a violation has not occurred.
(e)  Proceedings under this section are subject to Chapter 2001, Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 8.088, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1159, Sec. 1.18, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0619, 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 C. General Enforcement › Section 242.069. Notice and Payment of Administrative Penalty; Interest; Refund

Sec. 242.069.  NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY;  INTEREST;  REFUND.  (a)  The department shall give notice of the decision taken under Section 242.068(d) to the person charged.  If the department finds that a violation has occurred and has assessed an administrative penalty, the department shall give written notice to the person charged of:
(1)  the findings;
(2)  the amount of the penalty;
(3)  the rate of interest payable with respect to the penalty and the date on which interest begins to accrue;
(4)  whether payment of the penalty or other action under Section 242.071 is required; and
(5)  the person's right to judicial review of the order.
(b)  Not later than the 30th day after the date on which the department's 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 failure to correct the violation to the department's satisfaction, or all of the above.
(c)  Notwithstanding Subsection (b), the department may permit the person to pay the penalty in installments or may require the person to use the amount of the penalty under the department's supervision in accordance with Section 242.071.
(d)  If the person does not pay the penalty within the 30-day period:
(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)  If a penalty is reduced or not assessed, 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.
(f)  Accrued interest on amounts remitted by the department under Subsection (e)(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 under Subsection (b) and ending on the date the penalty is remitted.
(g)  Interest under Subsection (d) 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 notice of the department's order is received by the person and ending on the date the penalty is paid.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.089, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 1049, Sec. 3, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1159, Sec. 1.18, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0620, 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 C. General Enforcement › Section 242.0695. Use of Administrative Penalty

Sec. 242.0695.  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. 2, eff. September 1, 2005.
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 C. General Enforcement › Section 242.070. Application of Other Law

Sec. 242.070.  APPLICATION OF OTHER LAW.  The department may not assess more than one monetary penalty under this chapter and Chapter 32, Human Resources Code, for a violation arising out of the same act or failure to act, except as provided by Section 242.0665(c).  The department may assess the greater of a monetary penalty under this chapter or a monetary penalty under Chapter 32, Human Resources Code, for the same act or failure to act.
Added by Acts 1995, 74th Leg., ch. 1049, Sec. 4, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.18, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 198, Sec. 2.60(a), eff. Sept. 1, 2003.
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 C. General Enforcement › Section 242.072. Other Remedies

Sec. 242.072.  OTHER REMEDIES.  (a)  If the department finds that an institution has committed an act for which a civil penalty may be imposed under Section 242.065, the department may, as appropriate under the circumstances, order the institution to immediately suspend admissions.
(b)  A suspension of admissions ordered under Subsection (a) is effective on the date a representative of the institution receives notice of the order and of the manner in which the order may be appealed.  The department must provide an opportunity for a hearing with respect to an appeal of the order not later than the 14th day after the date the suspension becomes effective.
(c)  During the period that an institution is ordered to suspend admissions, the institution shall post a notice of the suspension on all doors providing ingress to and egress from the institution.  The notice shall be posted in the form required by the department.
(d)  A person commits an offense if the person knowingly:
(1)  violates Subsection (c);  or
(2)  removes a notice posted under Subsection (c) before the facility is allowed to admit residents.
(e)  An offense under Subsection (d) is a Class C misdemeanor.
(f)  A court having jurisdiction of a judicial review of the matter may not order arbitration, whether on motion of any party or on the court's own motion, to resolve a dispute involving an order suspending admissions under this section or the conduct with respect to which the order suspending admissions is sought.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.19, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1094, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0622, 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 C. General Enforcement › Section 242.073. Legal Action by the Attorney General

Sec. 242.073.  LEGAL ACTION BY THE ATTORNEY GENERAL.  (a)  The department and the attorney general shall work in close cooperation throughout any legal proceedings requested by the department.
(b)  The commissioner must approve any settlement agreement to a suit brought under this chapter or any other law relating to the health and safety of residents in institutions.
Added by Acts 1997, 75th Leg., ch. 1159, Sec. 1.19, 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 C. General Enforcement › Section 242.074. Notification of Change in Financial Condition

Sec. 242.074.  NOTIFICATION OF CHANGE IN FINANCIAL CONDITION.  (a)  An institution shall notify the department of a significant change in the institution's financial position, cash flow, or results of operation that could adversely affect the institution's delivery of essential services, including nursing services, dietary services, and utilities, to residents of the institution.
(b)  The department may verify the financial condition of an institution in order to identify any risk to the institution's ability to deliver essential services.
(c)  A person that knowingly files false information under this section may be prosecuted under the Penal Code.
(d)  The executive commissioner shall adopt rules to implement this section.  The rules shall include the conditions that constitute a significant change in an institution's financial condition that are required to be reported under Subsection (a).
(e)  The information obtained by the department under this section is confidential and is not subject to disclosure under Chapter 552, Government Code.  The department may release the information to:
(1)  the institution;  or
(2)  a person other than the institution if the institution consents in writing to the disclosure.
(f)  A person who knowingly discloses information in violation of Subsection (e) commits an offense.  An offense under this subsection is a Class A misdemeanor.
(g)  The provisions in Subsection (e) relating to the confidentiality of records do not apply to:
(1)  an institution whose license has been revoked or suspended;  or
(2)  the use of information in an administrative proceeding initiated by the department or in a judicial proceeding.
Added by Acts 1999, 76th Leg., ch. 452, Sec. 2.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0623, 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 D. Trustees for Nursing or Convalescent Homes › Section 242.091. Findings and Purpose

Sec. 242.091.  FINDINGS AND PURPOSE.  (a)  The legislature finds that the closing of a nursing or convalescent home for violations of laws and rules may:
(1)  in certain circumstances, have an adverse effect on both the home's residents and their families;  and
(2)  in some cases, result in a lack of readily available funds to meet the basic needs of the residents for food, shelter, medication, and personal services.
(b)  The purpose of this subchapter is to provide for:
(1)  the appointment of a trustee to assume the operations of the home in a manner that emphasizes resident care and reduces resident trauma;  and
(2)  a fund to assist a court-appointed trustee in meeting the basic needs of the residents.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter D. Trustees for Nursing or Convalescent Homes › Section 242.092. Definition

Sec. 242.092.  DEFINITION.  In this subchapter, "home" means a nursing or convalescent home.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter D. Trustees for Nursing or Convalescent Homes › Section 242.093. Appointment by Agreement

Sec. 242.093.  APPOINTMENT BY AGREEMENT.  (a)  A person holding a controlling interest in a home may, at any time, request the department to assume the operation of the home through the appointment of a trustee under this subchapter.
(b)  After receiving the request, the department may enter into an agreement providing for the appointment of a trustee to take charge of the home under conditions considered appropriate by both parties if the department considers the appointment desirable.
(c)  An agreement under this section must:
(1)  specify all terms and conditions of the trustee's appointment and authority;  and
(2)  preserve all rights of the residents as granted by law.
(d)  The agreement terminates at the time specified by the parties or when either party notifies the other in writing that the party wishes to terminate the appointment agreement.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter D. Trustees for Nursing or Convalescent Homes › Section 242.094. Involuntary Appointment

Sec. 242.094.  INVOLUNTARY APPOINTMENT.  (a)  The department may request the attorney general to bring an action in the name and on behalf of the state for the appointment of a trustee to operate a home if:
(1)  the home is operating without a license;
(2)  the department has suspended or revoked the home's license;
(3)  license suspension or revocation procedures against the home are pending and the department determines that an imminent threat to the health and safety of the residents exists;
(4)  the department determines that an emergency exists that presents an immediate threat to the health and safety of the residents;  or
(5)  the home is closing and arrangements for relocation of the residents to other licensed institutions have not been made before closure.
(b)  A trustee appointed under Subsection (a)(5) may only ensure an orderly and safe relocation of the home's residents as quickly as possible.
(c)  After a hearing, a court shall appoint a trustee to take charge of a home if the court finds that involuntary appointment of a trustee is necessary.
(d)  If possible, the court shall appoint as trustee an individual whose background includes institutional medical administration.
Text of subsection (e) as added by Acts 1993, 73rd Leg., ch. 815, Sec. 3
(e)  Venue for actions brought under this section shall be in Travis County.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1 , Sec. 3.1639(59), eff. April 2, 2015.
(f)  A court having jurisdiction of a judicial review of the matter may not order arbitration, whether on motion of any party or on the court's own motion, to resolve the legal issues of a dispute involving the:
(1)  appointment of a trustee under this section;  or
(2)  conduct with respect to which the appointment of trustee is sought.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 583, Sec. 2, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 815, Sec. 3, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 1094, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(59), 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 D. Trustees for Nursing or Convalescent Homes › Section 242.0945. Qualifications of Trustees

Sec. 242.0945.  QUALIFICATIONS OF TRUSTEES.  (a)  A court may appoint a person to serve as a trustee under this subchapter only if the proposed trustee can demonstrate to the court that the proposed trustee will be:
(1)  present at the home as required to perform the duties of a trustee;  and
(2)  available on call to appropriate staff at the home, the department, and the court as necessary during the time the trustee is not present at the home.
(b)  A trustee shall report to the court in the event that the trustee is unable to satisfy the requirements of Subsection (a)(1) or (2).
(c)  On the motion of any party or on the court's own motion, the court may replace a trustee who is unable to satisfy the requirements of Subsection (a)(1) or (2).
(d)  A trustee's charges must separately identify personal hours worked for which compensation is claimed.  A trustee's claim for personal compensation may include only compensation for activities related to the trusteeship and performed in or on behalf of the home.
Added by Acts 1999, 76th Leg., ch. 439, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter D. Trustees for Nursing or Convalescent Homes › Section 242.0946. Nepotism Prohibition

Sec. 242.0946.  NEPOTISM PROHIBITION.  A person serving as a trustee under this subchapter may not employ or otherwise appoint an individual to work with the trustee in the home who is related to the trustee within the third degree of consanguinity or affinity, as determined under Chapter 573, Government Code.
Added by Acts 1999, 76th Leg., ch. 439, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 242 - Convalescent and Nursing Facilities and Related Institutions › Subchapter D. Trustees for Nursing or Convalescent Homes › Section 242.095. Fee; Release of Funds

Sec. 242.095.  FEE;  RELEASE OF FUNDS.  (a)  A trustee appointed under this subchapter is entitled to a reasonable fee as determined by the court.  In determining the trustee's personal compensation for nursing facility administrator activities, the court shall consider reasonable a rate that is equal to 150 percent of the maximum allowable rate for an owner-administrator under the state's Medicaid reimbursement rules.  The court shall determine the reasonableness of the trustee's personal compensation for other duties.  On the motion of any party, the court shall review the reasonableness of the trustee's fees.  The court shall reduce the amount if the court determines that the fees are not reasonable.
(b)  The trustee may petition the court to order the release to the trustee of any payment owed the trustee for care and services provided to the residents if the payment has been withheld, including a payment withheld by the commission at the recommendation of the department.
(c)  Withheld payments may include payments withheld by a governmental agency or other entity during the appointment of the trustee, such as payments:
(1)  for Medicaid, Medicare, or insurance;
(2)  by another third party;  or
(3)  for medical expenses borne by the resident.
(d)  If the department appoints a trustee under this subchapter for a veterans home as defined by Section 164.002, Natural Resources Code, the Veterans' Land Board is responsible for the trustee's fee under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 439, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 166, Sec. 1, eff. May 27, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0624, 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 D. Trustees for Nursing or Convalescent Homes › Section 242.096. Nursing and Convalescent Home Trust Fund and Emergency Assistance Funds

Sec. 242.096.  NURSING AND CONVALESCENT HOME TRUST FUND AND EMERGENCY ASSISTANCE FUNDS.  (a)  The nursing and convalescent home trust fund is with the comptroller and shall be made available to the department for expenditures without legislative appropriation to make emergency assistance funds available to a home.
(b)  A trustee of a home may use the emergency assistance funds only to alleviate an immediate threat to the health or safety of the residents.  The use may include payments for:
(1)  food;
(2)  medication;
(3)  sanitation services;
(4)  minor repairs;
(5)  supplies necessary for personal hygiene;  or
(6)  services necessary for the personal care, health, and safety of the residents.
(c)  A court may order the department to disburse emergency assistance funds to a home if the court finds that:
(1)  the home has inadequate funds accessible to the trustee for the operation of the home;
(2)  there exists an emergency that presents an immediate threat to the health and safety of the residents;  and
(3)  it is in the best interests of the health and safety of the residents that funds are immediately available.
(d)  The department shall disburse money from the nursing and convalescent home trust fund as ordered by the court in accordance with department rules.
(e)  Any unencumbered amount in the nursing and convalescent home trust fund in excess of $10,000,000 at the end of each fiscal year shall be transferred to the credit of the general revenue fund and may be appropriated only to the department for its use in administering and enforcing this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.20, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 10.04, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1019, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0625, 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 D. Trustees for Nursing or Convalescent Homes › Section 242.0965. Assisted Living Facility Trust Fund and Emergency Assistance Funds

Sec. 242.0965.  ASSISTED LIVING FACILITY TRUST FUND AND EMERGENCY ASSISTANCE FUNDS.  (a)  The assisted living facility trust fund is a trust fund with the comptroller and shall be made available to the department for expenditures without legislative appropriation to make emergency assistance funds available to an assisted living facility.
(b)  A trustee of an assisted living facility may use the emergency assistance funds only to alleviate an immediate threat to the health or safety of the residents.  The use may include payments for:
(1)  food;
(2)  medication;
(3)  sanitation services;
(4)  minor repairs;
(5)  supplies necessary for personal hygiene;  or
(6)  services necessary for the personal care, health, and safety of the residents.
(c)  A court may order the department to disburse emergency assistance funds to an assisted living facility if the court finds that:
(1)  the assisted living facility has inadequate funds accessible to the trustee for the operation of the assisted living facility;
(2)  an emergency exists that presents an immediate threat to the health and safety of the residents;  and
(3)  it is in the best interests of the health and safety of the residents that funds are immediately available.
(d)  The department shall disburse money from the assisted living facility trust fund as ordered by the court in accordance with department rules.
(e)  Any unencumbered amount in the assisted living facility trust fund in excess of $500,000 at the end of each fiscal year shall be transferred to the credit of the general revenue fund.
Added by Acts 2001, 77th Leg., ch. 723, Sec. 1, eff. June 13, 2001; Acts 2001, 77th Leg., ch. 1248, Sec. 15, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0626, 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 D. Trustees for Nursing or Convalescent Homes › Section 242.097. Additional License Fee--Nursing and Convalescent Homes

Sec. 242.097.  ADDITIONAL LICENSE FEE--NURSING AND CONVALESCENT HOMES.  (a)  In addition to the license fee provided by Section 242.034, the executive commissioner by rule shall adopt an annual fee to be collected by the department if the amount of the nursing and convalescent home trust fund is less than $10,000,000.  The fee shall be deposited to the credit of the nursing and convalescent home trust fund created by this subchapter.
(b)  The department may charge and collect a fee under this section more than once each year only if necessary to ensure that the amount in the nursing and convalescent home trust fund is sufficient to make the disbursements required under Section 242.096.  If the department makes a second or subsequent assessment under this subsection in any year, the department shall notify the governor and the members of the Legislative Budget Board.
(c)  The executive commissioner shall set the fee for each nursing and convalescent home at $1 for each licensed unit of capacity or bed space in that home or in an amount necessary to provide not more than $10,000,000 in the fund.  The total fees assessed in a year may not exceed $20 for each licensed unit of capacity or bed space in a home.
(d)  This section does not apply to a veterans home as defined by Section 164.002, Natural Resources Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.21, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1019, Sec. 2, eff. Aug. 30, 1999;  Acts 2001, 77th Leg., ch. 723, Sec. 2, eff. June 13, 2001;  Acts 2001, 77th Leg., ch;  1248, Sec. 16, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 166, Sec. 2, eff. May 27, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0627, 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 D. Trustees for Nursing or Convalescent Homes › Section 242.0975. Additional License Fee--Assisted Living Facilities

Sec. 242.0975.  ADDITIONAL LICENSE FEE--ASSISTED LIVING FACILITIES.  (a)  In addition to the license fee provided by Section 247.024, the executive commissioner by rule shall adopt an annual fee to be collected by the department if the amount of the assisted living facility trust fund is less than $500,000. The fee shall be deposited to the credit of the assisted living facility trust fund created by this subchapter.
(b)  The department may charge and collect a fee under this section more than once each year only if necessary to ensure that the amount in the assisted living facility trust fund is sufficient to make the disbursements required under Section 242.0965.  If the department makes a second or subsequent assessment under this subsection in any year, the department shall notify the governor and the Legislative Budget Board.
(c)  The executive commissioner shall set the fee on the basis of the number of beds in assisted living facilities required to pay the fee and in an amount necessary to provide not more than $500,000 in the assisted living facility trust fund.
Added by Acts 2001, 77th Leg., ch. 723, Sec. 1, eff. June 13, 2001;  Acts 2001, 77th Leg., ch. 1248, Sec. 15, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10.003, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0628, 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 D. Trustees for Nursing or Convalescent Homes › Section 242.098. Reimbursement

Sec. 242.098.  REIMBURSEMENT.  (a)  A home that receives emergency assistance funds under this subchapter shall reimburse the department for the amounts received, including interest.
(b)  Interest on unreimbursed amounts begins to accrue on the date on which the funds were disbursed to the home.  The rate of interest is the rate determined under Section 304.003, Finance Code, to be applicable to judgments rendered during the month in which the money was disbursed to the home.
(c)  The owner of the home when the trustee was appointed is responsible for the reimbursement.
(d)  The amount that remains unreimbursed on the expiration of one year after the date on which the funds were received is delinquent and the department may determine that the home is ineligible for a Medicaid provider contract.
(e)  The department shall deposit the reimbursement and interest received under this section to the credit of the nursing and convalescent home trust fund.
(f)  The attorney general shall institute an action to collect the funds due under this section at the request of the department.  Venue for an action brought under this section is in Travis County.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1396, Sec. 35, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 7.64, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0629, 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 D. Trustees for Nursing or Convalescent Homes › Section 242.099. Applicability of Other Law

Sec. 242.099.  APPLICABILITY OF OTHER LAW.  Subtitle D, Title 10, Government Code  does not apply to any payments made by a trustee under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(13), eff. Sept. 1, 1997.