reglab/statecodes huggingface dataset:
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 248.002. Definitions

Sec. 248.002.  DEFINITIONS.  In this chapter:
(1)  "Commissioner" means the commissioner of state health services.
(2)  "Department" means the Department of State Health Services.
(2-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(3)  "Medical care" means care that is:
(A)  required for improving life span and quality of life, for comfort, for prevention and treatment of illness, and for maintenance of bodily and mental function;
(B)  under the continued supervision of a physician;  and
(C)  provided by a registered nurse or licensed vocational nurse available to carry out a physician's plan of care for a resident.
(4)  "Nursing care" means services provided by nursing personnel as prescribed by a physician, including services to:
(A)  promote and maintain health;
(B)  prevent illness and disability;
(C)  manage health care during acute and chronic phases of illness;
(D)  provide guidance and counseling of individuals and families;  and
(E)  provide referrals to physicians, other health care providers, and community resources when appropriate.
(5)  "Person" means an individual, organization, establishment, or association of any kind.
(6)  "Resident" means an individual accepted for care in a special care facility.
(7)  "Services" means the provision of medical or nursing care, assistance, or treatment by special care facility personnel, volunteers, or other qualified individuals, agencies, or staff of an organization or other entity to meet a resident's medical, nursing, social, spiritual, and emotional needs.
(8)  "Special care facility" means an institution or establishment that provides a continuum of nursing or medical care or services primarily to persons with acquired immune deficiency syndrome or other terminal illnesses.  The term includes a special residential care facility.
(9)  "Bereavement services" has the meaning assigned by Section 142.001.
(10)  "Palliative care" has the meaning assigned by Section 142.001.
(11)  "Support services" has the meaning assigned by Section 142.001.
(12)  "Residential AIDS hospice" means a facility licensed and designated as a residential AIDS hospice under this chapter.
(13)  "Residential AIDS hospice care" means hospice services provided in a residential AIDS hospice.
(14)  "AIDS" means acquired immune deficiency syndrome.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 800, Sec. 30, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0727, eff. April 2, 2015.
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 248.003. Exemptions

Sec. 248.003.  EXEMPTIONS.  This chapter does not apply to:
(1)  a home and community support services agency required to be licensed under Chapter 142;
(2)  a person required to be licensed under Chapter 241 (Texas Hospital Licensing Law);
(3)  an institution required to be licensed under Chapter 242;
(4)  an ambulatory surgical center required to be licensed under Chapter 243 (Texas Ambulatory Surgical Center Licensing Act);
(5)  a birthing center required to be licensed under Chapter 244 (Texas Birthing Center Licensing Act);
(6)  a facility required to be licensed under Chapter 245 (Texas Abortion Facility Reporting and Licensing Act);
(7)  a general residential operation, foster group home, foster home, and child-placing agency, for children in foster care or other residential care who are under the conservatorship of the Department of Family and Protective Services; or
(8)  a person providing medical or nursing care or services under a license or permit issued under other state law.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 504, Sec. 1, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 800, Sec. 29, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0728, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 248.021. License Required

Sec. 248.021.  LICENSE REQUIRED.  A person may not establish or operate a special care facility unless the person holds a license issued under this chapter.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 248.022. Application

Sec. 248.022.  APPLICATION.  (a)  An applicant for a license must submit an application to the department on a form prescribed by the department and in accordance with department rules.
(b)  Each application must be accompanied by a nonrefundable license fee in an amount set by the executive commissioner by rule.
(c)  The department may require that an application be approved by the local health authority or other local official for compliance with municipal ordinances on building construction, fire prevention, and sanitation.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0729, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 248.023. Issuance and Renewal of License

Sec. 248.023.  ISSUANCE AND RENEWAL OF LICENSE.  (a)  The department shall issue a license to an applicant if on inspection and investigation it finds that the applicant meets the requirements of this chapter and department rules.
(b)  A license shall be renewed at the times and in accordance with department rules.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0730, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 248.024. Fees

Sec. 248.024.  FEES.  (a)  The executive commissioner by rule shall establish a license application fee and a license renewal fee in amounts as prescribed by Section 12.0111.
(b)  The executive commissioner by rule may establish other reasonable and necessary fees in amounts that are adequate, with the license application and license renewal fees, to collect sufficient revenue to meet the expenses necessary to administer this chapter.  The fees may include construction plan review and inspection fees.
(c)  All fees collected under this chapter are nonrefundable.
(d)  All fees received by the department shall be deposited to the credit of the General Revenue Fund.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0731, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 248.025. Nontransferability; Posting

Sec. 248.025.  NONTRANSFERABILITY;  POSTING.  (a)  A license issued under this chapter is not transferable or assignable.
(b)  A special care facility shall post in plain sight the license issued under this chapter.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 248.026. Duties of Executive Commissioner

Sec. 248.026.  DUTIES OF EXECUTIVE COMMISSIONER. (a) The executive commissioner shall adopt rules necessary to implement this chapter.  The rules must establish minimum standards for special care facilities relating to:
(1)  the issuance, renewal, denial, suspension, and revocation of the license required by this chapter;
(2)  the qualifications, duties, and supervision of professional and nonprofessional personnel and volunteers;
(3)  residents' rights;
(4)  medical and nursing care and services provided by a license holder;
(5)  the organizational structure, lines of authority, delegation of responsibility, and operation of a special care facility;
(6)  records of care and services kept by the license holder, including the disposal or destruction of those records;
(7)  safety, fire prevention, and sanitary provisions;
(8)  transfer of residents in a medically appropriate manner from or to a special care facility;
(9)  construction plan approval and inspection; and
(10)  any aspects of a special care facility as necessary to protect the public or residents of the facility.
(b)  Subsection (a) does not authorize the executive commissioner to establish the qualifications of licensed health care providers or permit the executive commissioner to authorize persons to provide health care services who are not authorized to provide those services under other state law.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0732, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 248.027. Construction Standards

Sec. 248.027.  CONSTRUCTION STANDARDS.  (a)  If there are no local regulations in effect or enforced in the area in which a special care facility is located, the facility's construction must conform to the minimum standards established by the executive commissioner.
(b)  Construction of a facility is subject to construction plan approval by the department.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0733, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 248.028. Inspections; Investigations

Sec. 248.028.  INSPECTIONS;  INVESTIGATIONS.  (a)  The department may inspect a special care facility and its records at reasonable times as necessary to ensure compliance with this chapter.
(b)  The department shall investigate each complaint received regarding a special care facility.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter B. Licensing, Fees, and Inspections › Section 248.029. Residential AIDS Hospice Designation

Sec. 248.029.  RESIDENTIAL AIDS HOSPICE DESIGNATION.  (a)  The executive commissioner by rule shall adopt standards for the designation of a special care facility licensed under this chapter as a residential AIDS hospice.  Those standards shall be consistent with other standards adopted under this chapter and consistent with the purposes for which special care facilities are created.
(b)  In adopting the standards, the executive commissioner shall consider rules adopted for the designation of a hospice under Chapter 142 and shall establish specific standards requiring:
(1)  the provision of exclusively palliative care by a facility;
(2)  the provision of bereavement services;
(3)  the provision of support services to the family of a client;
(4)  the participation of a registered nurse in the development of an initial plan of care for a client and periodic review of the plan of care by an interdisciplinary team of the facility; and
(5)  clinical and medical review of patient care services by a physician who acts as a medical consultant.
(c)  A special care facility licensed under this chapter that satisfies the standards adopted under this section shall be designated as a residential AIDS hospice.
(d)  Notwithstanding Chapter 142, a special care facility licensed and issued a designation as a residential AIDS hospice under this chapter may use the term "residential AIDS hospice" or a similar term or language in its title or in a description or representation of the facility if the similar term or language clearly identifies the facility as a facility regulated under this chapter and clearly distinguishes the facility from a hospice regulated under Chapter 142.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(65), eff. April 2, 2015.
Added by Acts 1993, 73rd Leg., ch. 800, Sec. 31, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0734, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(65), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter C. General Enforcement › Section 248.051. License Denial, Suspension, Probation, or Revocation

Sec. 248.051.  LICENSE DENIAL, SUSPENSION, PROBATION, OR REVOCATION.  (a)  The department may deny, revoke, or suspend a license issued under this chapter for a violation of this chapter or the rules adopted under this chapter.
(b)  Except as provided by Section 248.052, the procedures by which the department denies, revokes, or suspends a license and by which those actions are appealed are governed by the department's rules for a contested case hearing and by Chapter 2001, Government Code.
(c)  If the department finds that a special care facility is in repeated noncompliance with this chapter or rules adopted under this chapter but that the noncompliance does not endanger public health and safety, the department may schedule the facility for probation rather than suspending or revoking the facility's license.  The department shall provide notice to the facility of the probation and of the items of noncompliance not later than the 10th day before the date the probation period begins.  The department shall designate a period of not less than 30 days during which the facility will remain under probation.  During the probation period, the facility must correct the items that were in noncompliance and report the corrections to the department for approval.
(d)  The department may suspend or revoke the license of a special care facility that does not correct items that were in noncompliance or that does not comply with this chapter or the rules adopted under this chapter within the applicable probation period.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 802, Sec. 9, 10, eff. June 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter C. General Enforcement › Section 248.052. Emergency Suspension

Sec. 248.052.  EMERGENCY SUSPENSION.  The department may issue an emergency order to suspend any license issued under this chapter if the department has reasonable cause to believe that the conduct of a license holder creates an immediate danger to the public health and safety.  An emergency suspension is effective immediately without a hearing on notice to the license holder.  On written request of the license holder to the department for a hearing, the department shall refer the matter to the State Office of Administrative Hearings. An administrative law judge of that office shall conduct a hearing not earlier than the 10th day or later than the 30th day after the date the hearing request is received by the department to determine if the emergency suspension is to be continued, modified, or rescinded.  The hearing and any appeal are governed by the department's rules for a contested case hearing and Chapter 2001, Government Code.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0735, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter C. General Enforcement › Section 248.053. Injunction

Sec. 248.053.  INJUNCTION.  (a)  The department may request that the attorney general petition a district court to restrain a license holder or other person from continuing to violate this chapter or any rule adopted by the executive commissioner under this chapter.  Venue for a suit for injunctive relief is in Travis County.
(b)  On application for injunctive relief and a finding that a license holder or other person has violated this chapter or department rules, the district court shall grant the injunctive relief that the facts warrant.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0736, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter C. General Enforcement › Section 248.054. Civil Penalty

Sec. 248.054.  CIVIL PENALTY.  A license holder or person who violates this chapter or a rule adopted by the executive commissioner under this chapter is liable for a civil penalty, to be imposed by a district court, of not more than $1,000 for each day of violation.  All penalties collected under this section shall be deposited to the credit of the General Revenue Fund.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0737, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter C. General Enforcement › Section 248.0545. Violation of Law Relating to Advance Directives

Sec. 248.0545.  VIOLATION OF LAW RELATING TO ADVANCE DIRECTIVES.  (a)  The department shall assess an administrative penalty against a special care 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. 2.06, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter C. General Enforcement › Section 248.055. Criminal Penalty

Sec. 248.055.  CRIMINAL PENALTY.  (a)  A person who knowingly establishes or operates a special care facility without a license issued under this chapter commits an offense.
(b)  An offense under this section is a Class B misdemeanor.
(c)  Each day of a continuing violation constitutes a separate offense.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 115, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter D. Administrative Penalty › Section 248.101. Imposition of Penalty

Sec. 248.101.  IMPOSITION OF PENALTY.  (a)  The department may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter.
(b)  A penalty collected under this subchapter shall be deposited in the state treasury in the general revenue fund.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0738, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter D. Administrative Penalty › Section 248.102. Amount of Penalty

Sec. 248.102.  AMOUNT OF PENALTY.  (a)  The amount of the penalty may not exceed $1,000 for each violation, and each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.  The total amount of the penalty assessed for a violation continuing or occurring on separate days under this subsection may not exceed $5,000.
(b)  The amount shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2)  the threat to health or safety caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  whether the violator demonstrated good faith, including when applicable whether the violator made good faith efforts to correct the violation;  and
(6)  any other matter that justice may require.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter D. Administrative Penalty › Section 248.103. Report and Notice of Violation and Penalty

Sec. 248.103.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If the department initially determines that a violation occurred, the department shall give written notice of the report by certified mail to the person.
(b)  The notice must:
(1)  include a brief summary of the alleged violation;
(2)  state the amount of the recommended penalty;  and
(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter D. Administrative Penalty › Section 248.104. Penalty to Be Paid or Hearing Requested

Sec. 248.104.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Within 20 days after the date the person receives the notice sent under Section 248.103, the person in writing may:
(1)  accept the determination and recommended penalty of the department;  or
(2)  make a request for a hearing on the occurrence of the violation, the amount of the penalty, or both.
(b)  If the person accepts the determination and recommended penalty or if the person fails to respond to the notice, the department by order shall impose the recommended penalty.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0739, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter D. Administrative Penalty › Section 248.105. Hearing

Sec. 248.105.  HEARING.  (a)  If the person requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings, which shall promptly set a hearing date. The department shall give written notice of the time and place of the hearing to the person.  An administrative law judge of the State Office of Administrative Hearings shall conduct the hearing.
(b)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the department a written proposal for a decision about the occurrence of the violation and the amount of a proposed penalty.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0740, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter D. Administrative Penalty › Section 248.106. Decision by Department

Sec. 248.106.  DECISION BY DEPARTMENT. (a)  Based on the findings of fact, conclusions of law, and proposal for a decision, the department by order may:
(1)  find that a violation occurred and impose a penalty; or
(2)  find that a violation did not occur.
(b)  The notice of the department's order under Subsection (a) that is sent to the person in accordance with Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0741, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter D. Administrative Penalty › Section 248.107. Options Following Decision: Pay or Appeal

Sec. 248.107.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  Within 30 days after the date the order of the department under Section 248.106 that imposes an administrative penalty becomes final, the person shall:
(1)  pay the penalty; or
(2)  file a petition for judicial review of the department's order contesting the occurrence of the violation, the amount of the penalty, or both.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0742, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter D. Administrative Penalty › Section 248.108. Stay of Enforcement of Penalty

Sec. 248.108.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within the 30-day period prescribed by Section 248.107, a person who files a petition for judicial review may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account; or
(B)  giving the court a supersedeas bond approved by the court that:
(i)  is for the amount of the penalty; and
(ii)  is effective until all judicial review of the department's order is final; or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
(B)  sending a copy of the affidavit to the department by certified mail.
(b)  If the department receives a copy of an affidavit under Subsection (a)(2), the department may file with the court, within five days after the date the copy is received, a contest to the affidavit.  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty or to give a supersedeas bond.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0743, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter D. Administrative Penalty › Section 248.109. Collection of Penalty

Sec. 248.109.  COLLECTION OF PENALTY.  (a)  If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected.
(b)  The attorney general may sue to collect the penalty.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter D. Administrative Penalty › Section 248.110. Decision by Court

Sec. 248.110.  DECISION BY COURT.  (a)  If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty.
(b)  If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter D. Administrative Penalty › Section 248.111. Remittance of Penalty and Interest

Sec. 248.111.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, that the appropriate amount plus accrued interest be remitted to the person within 30 days after the date that the judgment of the court becomes final.
(b)  The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.
(c)  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter D. Administrative Penalty › Section 248.112. Release of Bond

Sec. 248.112.  RELEASE OF BOND.  (a)  If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, the release of the bond.
(b)  If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248 - Special Care Facilities › Subchapter D. Administrative Penalty › Section 248.113. Administrative Procedure

Sec. 248.113.  ADMINISTRATIVE PROCEDURE.  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 5.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter A. General Provisions › Section 248A.001. Definitions

Sec. 248A.001.  DEFINITIONS.  In this chapter:
(1)  "Basic services" includes:
(A)  the development, implementation, and monitoring of a comprehensive protocol of care that:
(i)  is provided to a medically dependent or technologically dependent minor;
(ii)  is developed in conjunction with the minor's parent or legal guardian; and
(iii)  specifies the medical, nursing, psychosocial, therapeutic, and developmental services required by the minor served; and
(B)  the caregiver training needs of the minor's parent or legal guardian.
(2)  "Center" means a prescribed pediatric extended care center.
(3)  "Commission" means the Health and Human Services Commission.
(4)  "Commissioner" means the commissioner of aging and disability services.
(5)  "Controlling person" has the meaning assigned by Section 248A.0012.
(6)  "Department" means the Department of Aging and Disability Services.
(7)  "Executive commissioner" means the executive commissioner of the commission.
(8)  "Medically dependent or technologically dependent minor" means a minor who because of an acute, chronic, or intermittent medically complex or fragile condition or disability requires ongoing, technology-based skilled nursing care prescribed by the minor's physician to avert death or further disability or the routine use of a medical device to compensate for a deficit in a life-sustaining body function.  The term does not include minor or occasional medical conditions that do not require continuous nursing care, including asthma or diabetes, or a condition that requires an epinephrine injection.
(9)  "Minor" means an individual younger than 21 years of age.
(10)  "Prescribed pediatric extended care center" means a facility operated for profit or on a nonprofit basis that provides nonresidential basic services to four or more medically dependent or technologically dependent minors who require the services of the facility and who are not related by blood, marriage, or adoption to the owner or operator of the facility.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter A. General Provisions › Section 248A.0012. Controlling Person

Sec. 248A.0012.  CONTROLLING PERSON.  (a)  A person is a controlling person if the person has the ability, acting alone or in concert with others, to directly or indirectly influence, direct, or cause the direction of the management of, expenditure of money for, or policies of a center or other person.
(b)  For purposes of this chapter, "controlling person" includes:
(1)  a management company, landlord, or other business entity that operates or contracts with another person for the operation of a center;
(2)  any person who is a controlling person of a management company or other business entity that operates a center or that contracts with another person for the operation of a center; and
(3)  any other person who, because of a personal, familial, or other relationship with the owner, manager, landlord, tenant, or provider of a center, is in a position of actual control of or authority with respect to the center, regardless of whether the person is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the center.
(c)  Notwithstanding any other provision of this section, for purposes of this chapter, a controlling person of a center or of a management company or other business entity described by Subsection (b)(1) that is a publicly traded corporation or is controlled by a publicly traded corporation means an officer or director of the corporation.  The term does not include a shareholder or lender of the publicly traded corporation.
(d)  A controlling person described by Subsection (b)(3) does not include a person, including an employee, lender, secured creditor, or landlord, who does not exercise any formal or actual influence or control over the operation of a center.
(e)  The executive commissioner may adopt rules that define the ownership interests and other relationships that qualify a person as a controlling person under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter A. General Provisions › Section 248A.002. Exemptions

Sec. 248A.002.  EXEMPTIONS.  This chapter does not apply to:
(1)  a facility operated by the United States government or a federal agency; or
(2)  a health facility otherwise licensed under this subtitle.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter A. General Provisions › Section 248A.003. Conflict With Local Laws

Sec. 248A.003.  CONFLICT WITH LOCAL LAWS.  To the extent of any conflict between the standards adopted under this chapter and a standard required in a local, county, or municipal ordinance, this chapter controls.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter B. Licensing of Centers › Section 248A.051. License Required; Premises Restriction

Sec. 248A.051.  LICENSE REQUIRED; PREMISES RESTRICTION.  (a)  A person may not own or operate a prescribed pediatric extended care center in this state unless the person holds an initial, renewal, or temporary license issued under this chapter.  An applicant for a prescribed pediatric extended care center license may not provide services under that license until the department issues the license.
(b)  A separate initial, renewal, or temporary license is required for each center located on separate premises, regardless of whether the centers are under the ownership or operation of the same person.
(c)  A person may not operate a center on the same premises as:
(1)  a child-care facility licensed under Chapter 42, Human Resources Code; or
(2)  any other facility licensed by the department or the Department of State Health Services.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter B. Licensing of Centers › Section 248A.052. Initial License Application; Issuance

Sec. 248A.052.  INITIAL LICENSE APPLICATION; ISSUANCE.  (a)  An applicant for an initial prescribed pediatric extended care center license shall submit to the department in accordance with department rules:
(1)  a sworn application on the form prescribed by the department;
(2)  a letter of credit as prescribed by the department to demonstrate the applicant's financial viability; and
(3)  the required fees.
(b)  The application must contain:
(1)  the location of the premises of the center for which the license is sought;
(2)  documentation, signed by the appropriate local government official, stating the location and use of the premises meet local zoning requirements;
(3)  the name, address, and social security number of, and background and criminal history check information for:
(A)  the applicant;
(B)  the administrator responsible for daily operations of the center;
(C)  the financial officer responsible for financial operations of the center; and
(D)  each controlling person;
(4)  the name, address, and federal employer identification number or taxpayer identification number of the applicant and of each controlling person, if the applicant or controlling person is not an individual;
(5)  the business name of the center;
(6)  the maximum patient capacity requested for the center; and
(7)  a sworn affidavit that the applicant has complied with this chapter and rules adopted under this chapter.
(c)  The department shall issue an initial license to a center under this chapter if the department determines that the applicant and the center meet the requirements of this chapter and the rules and standards adopted under this chapter.  The license must include:
(1)  the license holder's name;
(2)  the location of the premises of the center; and
(3)  a statement indicating the center provides services to minors for 12 hours or less in a 24-hour period and does not provide 24-hour care.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0744, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter B. Licensing of Centers › Section 248A.0525. Temporary License Procedures

Sec. 248A.0525.  TEMPORARY LICENSE PROCEDURES.  (a)  An applicant for an initial license under Section 248A.052 may request, in the manner prescribed by the department and in accordance with this section, that the department issue a temporary license pending the department's review of the applicant's application for an initial license.  An applicant is not required to request a temporary license to receive an initial or renewal license.
(b)  A temporary license issued under this section authorizes an applicant to provide nonresidential basic services to not more than six minors until the temporary license expires or terminates in accordance with this section.
(c)  On receipt of a temporary license request, the department shall conduct a review of the applicant's policies, procedures, and staffing plans to serve minors in the center.
(d)  The department shall grant an applicant's request for a temporary license if the department determines the applicant is eligible for the license as provided by this subsection.  The department may not grant a request for a temporary license if the department determines the applicant is ineligible for the license under this subsection.  An applicant is eligible for a temporary license only if the applicant meets:
(1)  the license application requirements of Sections 248A.052(a) and (b) and the license application rules adopted under this chapter;
(2)  the building requirements and standards for a center provided in department rules adopted under this chapter; and
(3)  the requirements of the department's review conducted under Subsection (c).
(e)  A temporary license issued under this section expires on the earlier of:
(1)  the 90th day after the date the temporary license is issued or the last day of any extension period granted by the department; or
(2)  the date an initial license is issued under Section 248A.052.
(f)  The department may not grant more than one extension of a temporary license issued under this section and may not grant an extension for a period that exceeds 90 days.  The department shall grant an extension if a temporary license holder submits to the department an extension request in the manner prescribed by the department not later than the 30th day before the date the temporary license expires.
(g)  A temporary license holder must comply with this chapter and the rules adopted under this chapter for the period for which the temporary license is issued, including an extension, if applicable.  The department may take an enforcement action against a temporary license holder for failure to comply with this chapter and the rules adopted under this chapter.
(h)  The department may conduct a complaint investigation and inspection of a temporary license holder.
Added by Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter B. Licensing of Centers › Section 248A.053. Initial or Renewal License Term; Renewal; Notification

Sec. 248A.053.  INITIAL OR RENEWAL LICENSE TERM; RENEWAL; NOTIFICATION.  (a)  An initial or renewal license issued under this chapter expires on the third anniversary of the date of issuance.  The executive commissioner by rule shall adopt a system under which licenses expire on staggered dates during each three-year period.  The commission shall prorate the license fee as appropriate if the expiration date of a license changes as a result of this subsection.
(b)  A person applying to renew a center license shall:
(1)  submit a renewal application to the commission on a prescribed form at least 60 days but not more than 120 days before expiration of the license;
(2)  submit the renewal fee in the amount required by agency rule; and
(3)  comply with any other requirements specified by agency rule.
(c)  The commission shall assess a $50 per day late fee to a license holder who submits a renewal application after the date required by Subsection (b)(1), except that the total amount of a late fee may not exceed the lesser of 50 percent of the license renewal fee or $500.
(d)  At least 120 days before expiration of a center license, the commission shall notify the owner or operator of the center of the license expiration.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0745, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 557 (H.B. 2340), Sec. 6, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 248A - Prescribed Pediatric Extended Care Centers › Subchapter B. Licensing of Centers › Section 248A.054. License Not Transferable or Assignable

Sec. 248A.054.  LICENSE NOT TRANSFERABLE OR ASSIGNABLE.  A license under this chapter is issued to the license holder named on the license at the location of the premises listed on the license and is not transferable or assignable.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 1, eff. September 1, 2013.