reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability › Subchapter G. Respite Care › Section 252.186. Suspension

Sec. 252.186.  SUSPENSION.  (a)  The department may require a facility to cease providing respite care if the department determines that the respite care does not meet the standards required by this chapter and that the facility cannot comply with those standards in the respite care it provides.
(b)  The department may suspend the license of a facility that continues to provide respite care after receiving a written order from the department to cease.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability › Subchapter H. Quality Assurance Fee › Section 252.201. Definition

Sec. 252.201.  DEFINITION.  In this subchapter, "gross receipts" means money paid as compensation for services provided to residents, including client participation.  The term does not include charitable contributions to a facility.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 9.01, eff. June 15, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability › Subchapter H. Quality Assurance Fee › Section 252.202. Computing Quality Assurance Fee

Sec. 252.202.  COMPUTING QUALITY ASSURANCE FEE.  (a)  A quality assurance fee is imposed on each facility for which a license fee must be paid under Section 252.034, on each facility owned by a community mental health and intellectual disability center, as described by Subchapter A, Chapter 534, and on each facility owned by the department.  The fee:
(1)  is an amount established under Subsection (b) multiplied by the number of patient days as determined in accordance with Section 252.203;
(2)  is payable monthly; and
(3)  is in addition to other fees imposed under this chapter.
(b)  The commission or the department at the direction of the commission shall set the quality assurance fee for each day in the amount necessary to produce annual revenues equal to an amount that is not more than six percent of the facility's total annual gross receipts in this state.  The fee is subject to a prospective adjustment as necessary.
(c)  The amount of the quality assurance fee must be determined using patient days and gross receipts reported to the department and covering a period of at least six months.
(d)  The quality assurance fee is an allowable cost for reimbursement under the Medicaid program.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 9.01, eff. June 15, 2001.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.64, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1251, Sec. 1(a), eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0798, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability › Subchapter H. Quality Assurance Fee › Section 252.203. Patient Days

Sec. 252.203.  PATIENT DAYS.  For each calendar day, a facility shall determine the number of patient days by adding the following:
(1)  the number of patients occupying a facility bed immediately before midnight of that day;  and
(2)  the number of beds that are on hold on that day and that have been placed on hold for a period not to exceed three consecutive calendar days during which a patient is on therapeutic leave.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 9.01, eff. June 15, 2001.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.65, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1251, Sec. 2, eff. June 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability › Subchapter H. Quality Assurance Fee › Section 252.204. Reporting and Collection

Sec. 252.204.  REPORTING AND COLLECTION.  (a)  The commission or the department at the direction of the commission shall collect the quality assurance fee.
(b)  Each facility shall:
(1)  not later than the 20th day after the last day of a month file a report with the commission or the department, as appropriate, stating the total patient days for the month; and
(2)  not later than the 30th day after the last day of the month pay the quality assurance fee.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 9.01, eff. June 15, 2001.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.66, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1251, Sec. 3, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0799, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability › Subchapter H. Quality Assurance Fee › Section 252.205. Rules; Administrative Penalty

Sec. 252.205.  RULES;  ADMINISTRATIVE PENALTY.  (a)  The executive commissioner shall adopt rules for the administration of this subchapter, including rules related to the imposition and collection of the quality assurance fee.
(b)  The executive commissioner may not adopt rules granting any exceptions from the quality assurance fee.
(c)  An administrative penalty assessed under this subchapter in accordance with Section 252.065 may not exceed one-half of the amount of the outstanding quality assurance fee or $20,000, whichever is greater.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 9.01, eff. June 15, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0800, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability › Subchapter H. Quality Assurance Fee › Section 252.206. Quality Assurance Fund

Sec. 252.206.  QUALITY ASSURANCE FUND.  (a)  The quality assurance fund is an account in the general revenue fund.  Notwithstanding any other law, the comptroller shall deposit fees collected under this subchapter to the credit of the fund.
(b)  The quality assurance fund is composed of  fees deposited to the credit of the fund under this subchapter.
(c)  Money deposited to the quality assurance fund may be appropriated only for the purposes of this subchapter.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 9.01, eff. June 15, 2001.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.156(a)(1), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0801, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability › Subchapter H. Quality Assurance Fee › Section 252.207. Reimbursement of Facilities

Sec. 252.207.  REIMBURSEMENT OF FACILITIES.  (a)  Subject to legislative appropriation and state and federal law, the commission may use money in the quality assurance fund, together with any federal money available to match that money:
(1)  to offset expenses incurred to administer the quality assurance fee under this chapter;
(2)  to increase reimbursement rates paid under the Medicaid program to facilities or waiver programs for individuals with an intellectual disability operated in accordance with 42 U.S.C. Section 1396n(c) and its subsequent amendments; or
(3)  for any other health and human services purpose approved by the governor and Legislative Budget Board.
(b)  Repealed by Acts 2003, 78th Leg., ch. 198, Sec. 2.156(a)(1) and Acts 2003, 78th Leg., ch. 1251, Sec. 4(b).
(c)  If money in the quality assurance fund is used to increase a reimbursement rate in the Medicaid program, the commission shall ensure that the reimbursement methodology used to set that rate describes how the money in the fund will be used to increase the rate and provides incentives to increase direct care staffing and direct care wages and benefits.
(d)  The increased Medicaid reimbursement paid to a facility under this section may not be based solely on the amount of the quality assurance fee paid by that facility unless authorized by 42 C.F.R. Section 433.68 or other federal law.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 9.01, eff. June 15, 2001.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.67, 2.156(a)(1), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1251, Sec. 4(a), (b), eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 9.003, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0802, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability › Subchapter H. Quality Assurance Fee › Section 252.208. Invalidity; Federal Funds

Sec. 252.208.  INVALIDITY; FEDERAL FUNDS.  If any portion of this subchapter is held invalid by a final order of a court that is not subject to appeal, or if the commission determines that the imposition of the fee and the expenditure as prescribed by this subchapter of amounts collected will not entitle the state to receive additional federal funds under the Medicaid program, the commission shall stop collection of the quality assurance fee and shall return, not later than the 30th day after the date collection is stopped, any money collected, but not spent, under this subchapter to the facilities that paid the fees in proportion to the total amount paid by those facilities.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 9.01, eff. June 15, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0803, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 253 - Employee Misconduct; Registry › Section 253.002. Investigation by Department

Sec. 253.002.  INVESTIGATION BY DEPARTMENT.  (a)  If the department receives a report that an employee of a facility, other than a facility licensed under Chapter 252, committed reportable conduct, the department shall investigate the report to determine whether the employee has committed the reportable conduct.
(b)  If the department receives a report that an employee of a facility licensed under Chapter 252 or of an individual employer committed reportable conduct, the department shall forward that report to the Department of Family and Protective Services for investigation.
Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 16, eff. June 11, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 5, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0804, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 253 - Employee Misconduct; Registry › Section 253.0025. Employment Suspension for Facility Employees Accused of Committing Reportable Conduct

Sec. 253.0025.  EMPLOYMENT SUSPENSION FOR FACILITY EMPLOYEES ACCUSED OF COMMITTING REPORTABLE CONDUCT.  A facility shall suspend the employment of a facility employee who the Health and Human Services Commission finds has engaged in reportable conduct while the employee exhausts any applicable appeals process, including informal and formal appeals and any hearing or judicial review conducted in accordance with Section 253.004 or 253.005, pending a final decision by an administrative law judge.  The facility may not reinstate the employee's position during the course of any applicable appeals process.
Added by Acts 2023, 88th Leg., R.S., Ch. 674 (H.B. 1009), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 253 - Employee Misconduct; Registry › Section 253.003. Determination; Notice

Sec. 253.003.  DETERMINATION;  NOTICE.  (a)  If, after an investigation, the department determines that the reportable conduct occurred, the department shall give written notice of the department's findings.  The notice must include:
(1)  a brief summary of the department's findings;  and
(2)  a statement of the person's right to a hearing on the occurrence of the reportable conduct.
(b)  Not later than the 30th day after the date on which the notice is received, the employee notified may accept the determination of the department made under this section or may make a written request for a hearing on that determination.
(c)  If the employee notified of the violation accepts the determination of the department or fails to timely respond to the notice, the department shall order that the reportable conduct be recorded in the registry under Section 253.007.
Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0805, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 253 - Employee Misconduct; Registry › Section 253.004. Hearing; Order

Sec. 253.004.  HEARING;  ORDER.  (a)  If the employee requests a hearing, an administrative law judge of the State Office of Administrative Hearings shall conduct a hearing and the department shall  give written notice of the hearing to the employee.
(a-1)  The administrative law judge must complete the hearing and the hearing record not later than the 120th day after the date the department receives a request for a hearing.
(b)  The hearings examiner shall make findings of fact and conclusions of law and shall promptly issue to the department a proposal for decision as to the occurrence of the reportable conduct.
(c)  Based on the findings of fact and conclusions of law and the recommendations of the hearings examiner, the department by order may find that the reportable conduct has occurred.  If the department finds that the reportable conduct has occurred, the department shall issue an order on that determination.
Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 6, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0806, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 253 - Employee Misconduct; Registry › Section 253.005. Notice; Judicial Review

Sec. 253.005.  NOTICE;  JUDICIAL REVIEW.  (a)  The department shall give notice of the order under Section 253.004 to the employee alleged to have committed the reportable conduct. The notice must include:
(1)  separate statements of the findings of fact and conclusions of law;
(2)  a statement of the right of the employee to judicial review of the order;  and
(3)  a statement that the reportable conduct will be recorded in the registry under Section 253.007 if:
(A)  the employee does not request judicial review of the determination;  or
(B)  the determination is sustained by the court.
(b)  Not later than the 30th day after the date on which the decision becomes final as provided by Chapter 2001, Government Code, the employee may file a petition for judicial review contesting the finding of the reportable conduct. If the employee does not request judicial review of the determination, the department shall record the reportable conduct in the registry under Section 253.007.
(c)  Judicial review of the order:
(1)  is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code;  and
(2)  is under the substantial evidence rule.
(d)  If the court sustains the finding of the occurrence of the reportable conduct, the department shall record the reportable conduct in the registry under Section 253.007.
Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 10, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 253 - Employee Misconduct; Registry › Section 253.0055. Removal of Nurse Aide Finding

Sec. 253.0055.  REMOVAL OF NURSE AIDE FINDING.  If a finding of reportable conduct is the basis for an entry in the nurse aide registry maintained under Chapter 250 and the entry is subsequently removed from the nurse aide registry, the department shall immediately remove the record of reportable conduct from the employee misconduct registry maintained under Section 253.007.
Added by Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 9, eff. June 19, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0807, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 253 - Employee Misconduct; Registry › Section 253.006. Informal Proceedings

Sec. 253.006.  INFORMAL PROCEEDINGS.  The executive commissioner by rule shall adopt procedures governing informal proceedings held in compliance with Section 2001.056, Government Code.
Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 10, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 253 - Employee Misconduct; Registry › Section 253.007. Employee Misconduct Registry

Sec. 253.007.  EMPLOYEE MISCONDUCT REGISTRY.  (a)  The department shall establish an employee misconduct registry.  If the department in accordance with this chapter finds that an employee of a facility or of an individual employer has committed reportable conduct, the department shall make a record of the employee's name, the employee's address, the employee's social security number, the name of the facility or individual employer, the address of the facility or individual employer, the date the reportable conduct occurred, and a description of the reportable conduct.
(b)  If an agency of another state or the federal government finds that an employee has committed an act that constitutes reportable conduct, the department may make a record in the employee misconduct registry of the employee's name, the employee's address, the employee's social security number, the name of the facility, the address of the facility, the date of the act, and a description of the act.
(c)  The department shall make the registry available to the public.
Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 11, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 11, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 7, eff. January 1, 2014.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 253 - Employee Misconduct; Registry › Section 253.0075. Recording Reportable Conduct Reported by Department of Family and Protective Services

Sec. 253.0075.  RECORDING REPORTABLE CONDUCT REPORTED BY DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES.  On receipt of a finding of an employee's reportable conduct by the Department of Family and Protective Services under Subchapter I, Chapter 48, Human Resources Code, the department shall record the information in the employee misconduct registry in accordance with Section 253.007.
Added by Acts 2001, 77th Leg., ch. 1267, Sec. 14, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 12, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 253 - Employee Misconduct; Registry › Section 253.008. Verification of Employability; Annual Search

Sec. 253.008.  VERIFICATION OF EMPLOYABILITY; ANNUAL SEARCH.  (a)  Before a facility or individual employer as defined in this chapter or an agency as defined in Section 48.401, Human Resources Code, may hire an employee, the individual employer or a financial management services agency on behalf of the individual employer, the facility, or agency shall search the employee misconduct registry under this chapter and the nurse aide registry maintained under Chapter 250 as required by the Omnibus Budget Reconciliation Act of 1987 (Pub. L. No. 100-203) to determine whether the applicant for employment is designated in either registry as having abused, neglected, or exploited an individual using the consumer-directed service option or a consumer.
(b)  A facility, individual employer or financial management services agency on behalf of an individual employer, or agency may not employ a person who is listed in either registry as having abused, neglected, or exploited an individual using the consumer-directed service option or a consumer.
(c)  In addition to the initial verification of employability, a facility, agency, individual employer, or financial management services agency on behalf of an individual employer shall:
(1)  annually search the employee misconduct registry and the nurse aide registry maintained under Chapter 250 to determine whether any employee of the individual employer, facility, or applicable agency is designated in either registry as having abused, neglected, or exploited an individual using the consumer-directed service option or a consumer; and
(2)  maintain in the facility's or individual employer's books and records a copy of the results of the search conducted under Subdivision (1).
Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 12, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 198, Sec. 2.68, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 22, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 13, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 8, eff. January 1, 2014.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 253 - Employee Misconduct; Registry › Section 253.009. Notification

Sec. 253.009.  NOTIFICATION.  (a)  Each facility or individual employer as defined in this chapter and each agency as defined in Section 48.401, Human Resources Code, shall notify its employees in a manner prescribed by the department:
(1)  about the employee misconduct registry; and
(2)  that an employee may not be employed if the employee is listed in the registry.
(b)  The executive commissioner shall adopt rules to implement this section.
Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 13, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 198, Sec. 2.69, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 23, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 14, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 9, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0808, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 253 - Employee Misconduct; Registry › Section 253.010. Removal From Registry

Sec. 253.010.  REMOVAL FROM REGISTRY.  (a)  The Health and Human Services Commission may remove a person from the employee misconduct registry if, after receiving a written request from the person, the commission determines that the person does not meet the requirements for inclusion in the employee misconduct registry.
(b)  The executive commissioner by rule may establish:
(1)  criteria for a person to submit a request for removal under Subsection (a); and
(2)  a process for the Health and Human Services Commission to determine whether the person meets the requirements for inclusion in the employee misconduct registry.
Added by Acts 2001, 77th Leg., ch. 1267, Sec. 14, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter A. General Provisions › Section 254.001. Definitions

Sec. 254.001.  DEFINITIONS.  In this chapter:
(1)  "Department" means the Department of State Health Services.
(2)  "Emergency care" has the meaning assigned by Sections 843.002 and 1301.155, Insurance Code.
(3)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(4)  "Facility" means a freestanding emergency medical care facility.
(5)  "Freestanding emergency medical care facility" means a facility, structurally separate and distinct from a hospital, that receives an individual and provides emergency care, as defined by Subdivision (2).
(6)  "Provider network" has the meaning assigned by Section 1456.001, Insurance Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0809, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 185 (S.B. 425), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter B. Licensing › Section 254.051. License Required

Sec. 254.051.  LICENSE REQUIRED.  (a)  Except as provided by Section 254.052, a person may not establish or operate a freestanding emergency medical care facility in this state without a license issued under this chapter.
(b)  Except as provided by Section 254.052, a facility or person may not hold itself out to the public as a freestanding emergency medical care facility or use any similar term, as defined by department rule, that would give the impression that the facility or person is providing emergency care unless the facility or person holds a license issued under this chapter.
(c)  Each separate facility location must have a separate license.
(d)  A license issued under this chapter is not transferable or assignable.
(e)  A license may be issued only for the establishment or operation of a facility that is in continuous operation 24 hours per day and 7 days per week.
(f)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(68), eff. April 2, 2015.
Added by Acts 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1040 (H.B. 3085), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0810, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(68), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter B. Licensing › Section 254.052. Exemptions From Licensing Requirement

Sec. 254.052.  EXEMPTIONS FROM LICENSING REQUIREMENT.  The following facilities are not required to be licensed under this chapter:
(1)  an office or clinic owned and operated by a manufacturing facility solely for the purposes of treating its employees and contractors;
(2)  temporary emergency clinics in disaster areas;
(3)  an office or clinic of a licensed physician, dentist, optometrist, or podiatrist;
(4)  a licensed nursing home;
(5)  a licensed hospital;
(6)  a hospital that is owned and operated by this state;
(7)  a facility located within or connected to a hospital described by Subsection (5) or (6);
(8)  a facility that is owned or operated by a hospital described by Subsection (5) or (6) and is:
(A)  surveyed as a service of the hospital by an organization that has been granted deeming authority as a national accreditation program for hospitals by the Centers for Medicare and Medicaid Services; or
(B)  granted provider-based status by the Centers for Medicare and Medicaid Services; or
(9)  a licensed ambulatory surgical center.
Added by Acts 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter B. Licensing › Section 254.053. License Application and Issuance

Sec. 254.053.  LICENSE APPLICATION AND ISSUANCE.  (a)  An applicant for a license under this chapter must submit an application to the department on a form prescribed by the department.
(b)  Each application must be accompanied by a nonrefundable license fee in an amount set by the executive commissioner by rule.
(c)  The application must contain evidence that there is at least one physician and one nurse on the staff of the facility who are licensed by the appropriate state licensing board.
(d)  The application must contain evidence that the facility meets the minimum standards and requirements specified in Section 254.151.
(e)  The department shall issue a license if, after inspection and investigation, it finds that the applicant and the facility meet the requirements of this chapter and the standards adopted under this chapter.
(f)  The license fee must be paid on renewal of the license. The term of a license issued under this chapter is two years.
Added by Acts 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1040 (H.B. 3085), Sec. 2, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0811, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter C. Executive Commissioner and Department Powers and Duties › Section 254.101. Adoption of Rules

Sec. 254.101.  ADOPTION OF RULES.  The executive commissioner shall adopt rules necessary to implement this chapter, including requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate a facility.
Added by Acts 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter C. Executive Commissioner and Department Powers and Duties › Section 254.102. Fees

Sec. 254.102.  FEES.  The executive commissioner by rule shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0812, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter C. Executive Commissioner and Department Powers and Duties › Section 254.103. Inspections

Sec. 254.103.  INSPECTIONS.  The department may inspect a facility at reasonable times as necessary to ensure compliance with this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter C. Executive Commissioner and Department Powers and Duties › Section 254.104. Freestanding Emergency Medical Care Facility Licensing Fund

Sec. 254.104.  FREESTANDING EMERGENCY MEDICAL CARE FACILITY LICENSING FUND.  All fees and administrative penalties collected under this chapter shall be deposited in the state treasury to the credit of the freestanding emergency medical care facility licensing fund and may be appropriated to the department only to administer and enforce this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1093 (H.B. 2041), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter D. Regulation of Facilities › Section 254.151. Minimum Standards

Sec. 254.151.  MINIMUM STANDARDS.  (a)  The executive commissioner shall adopt rules necessary to implement this chapter, including minimum standards for:
(1)  the construction and design of the facility, including plumbing, heating, lighting, ventilation, and other design standards necessary to ensure the health and safety of patients;
(2)  the number, qualifications, and organization of the professional staff and other personnel;
(3)  the administration of the facility;
(4)  the equipment essential to the health and welfare of the patients;
(5)  the sanitary and hygienic conditions within the facility and its surroundings;
(6)  the requirements for the contents, maintenance, and release of medical records;
(7)  the minimal level of care and standards for denial of care;
(8)  the provision of laboratory and radiological services;
(9)  the distribution and administration of drugs and controlled substances;
(10)  a quality assurance program for patient care;
(11)  disclosure, if applicable, of the following:
(A)  the name and social security number of the sole proprietor, if the facility is a sole proprietor;
(B)  the name and social security number of each general partner who is an individual, if the facility is a partnership;
(C)  the name and social security number of any individual who has an ownership interest of more than 25 percent in the corporation, if the facility is a corporation; and
(D)  the name and license numbers of any physicians licensed by the Texas Medical Board who have a financial interest in the facility or any entity which has an ownership interest in the facility;
(12)  transfer protocols for patients requiring advanced medical care at a hospital; and
(13)  any other aspect of the operation of a facility that the executive commissioner considers necessary to protect the facility's patients and the public.
(b)  In adopting the rules required under Subsection (a) concerning transfer protocols, the executive commissioner must consult with physicians who provide emergency care, medical consultant organizations, and organizations representing hospitals licensed in this state.
(c)  The minimum standards under this section shall apply to all facilities licensed under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0813, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter D. Regulation of Facilities › Section 254.153. Facility Care Requirements

Sec. 254.153.  FACILITY CARE REQUIREMENTS.  (a)  A facility shall provide to each facility patient, without regard to the individual's ability to pay, an appropriate medical screening, examination, and stabilization within the facility's capability, including ancillary services routinely available to the facility, to determine whether an emergency medical condition exists and any necessary stabilizing treatment.
(b)  Before a facility accepts any patient for treatment or diagnosis, the facility shall enter into a referral, transmission, or admission agreement with a hospital licensed in this state.
Added by Acts 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter D. Regulation of Facilities › Section 254.154. Complaints

Sec. 254.154.  COMPLAINTS.  A person may file a complaint with the department against a facility licensed under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter D. Regulation of Facilities › Section 254.155. Notice of Fees

Sec. 254.155.  NOTICE OF FEES.
(a)  A facility shall post notice that:
(1)  states:
(A)  the facility is a freestanding emergency medical care facility;
(B)  the facility charges rates comparable to a hospital emergency room and may charge a facility fee;
(C)  a facility or a physician providing medical care at the facility may be an out-of-network provider for the patient's health benefit plan provider network; and
(D)  a physician providing medical care at the facility may bill separately from the facility for the medical care provided to a patient; and
(2)  either:
(A)  lists the health benefit plans in which the facility is an in-network provider in the health benefit plan's provider network; or
(B)  states the facility is an out-of-network provider for all health benefit plans.
(b)  The notice required by this section must be posted prominently and conspicuously:
(1)  at the primary entrance to the facility;
(2)  in each patient treatment room;
(3)  at each location within the facility at which a person pays for health care services; and
(4)  on the home page of the facility's Internet website or on a different page available through a hyperlink that is:
(A)  entitled "Insurance Information"; and
(B)  located prominently on the home page.
(c)  The notice required by Subsections (b)(1), (2), and (3) must be in legible print on a sign with dimensions of at least 8.5 inches by 11 inches.
(d)  Notwithstanding Subsection (b), a facility that is an in-network provider in one or more health benefit plan provider networks complies with Subsection (a)(2) if the facility:
(1)  provides notice on the facility's Internet website listing the health benefit plans in which the facility is an in-network provider in the health benefit plan's provider network; and
(2)  provides to a patient written confirmation of whether the facility is an in-network provider in the patient's health benefit plan's provider network.
(e)  A facility may not add to or alter the language of a notice required by this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 185 (S.B. 425), Sec. 3, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 175 (H.B. 3276), Sec. 2, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1093 (H.B. 2041), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter D. Regulation of Facilities › Section 254.1555. Certain Fees Prohibited

Sec. 254.1555.  CERTAIN FEES PROHIBITED.  (a)  A facility that provides a health care service, including testing or vaccination, to an individual accessing the service from the individual's vehicle may not charge the individual or a third-party payor a facility or observation fee.
(b)  This section may not be construed as expanding the type of health care services a facility is authorized to provide under this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 1050 (S.B. 2038), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter D. Regulation of Facilities › Section 254.1556. Disclosure of Certain Prices and Fees During Declared Disaster; Construction

Sec. 254.1556.  DISCLOSURE OF CERTAIN PRICES AND FEES DURING DECLARED DISASTER; CONSTRUCTION.  (a)  A facility that provides testing or vaccination for an infectious disease for which a state of disaster has been declared under Chapter 418, Government Code, shall disclose the price the facility charges for the test or vaccine and any facility fees, supply costs, and other costs associated with the test or vaccine in accordance with the disclosure requirements described by Section 254.156, as added by Chapter 1093 (H.B. 2041), Acts of the 86th Legislature, Regular Session, 2019.
(b)  This section may not be construed as expanding the type of health care services a facility is authorized to provide under this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 1050 (S.B. 2038), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter D. Regulation of Facilities › Section 254.157. Certain Advertising Prohibited

Sec. 254.157.  CERTAIN ADVERTISING PROHIBITED.  (a)  A facility may not advertise or hold itself out as a network provider, including by stating that the facility "takes" or "accepts" any insurer, health maintenance organization, health benefit plan, or health benefit plan network, unless the facility is a network provider of a health benefit plan issuer.
(b)  A facility may not post the name or logo of a health benefit plan issuer in any signage or marketing materials if the facility is an out-of-network provider for all of the issuer's health benefit plans.
(c)  A violation of this section is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17, Business & Commerce Code, and is actionable under that subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1093 (H.B. 2041), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter D. Regulation of Facilities › Section 254.158. Removal of Signs

Sec. 254.158.  REMOVAL OF SIGNS.  A facility that closes or for which a license issued under this chapter expires or is suspended or revoked shall immediately remove or cause to be removed any signs within view of the general public indicating that the facility is in operation.
Added by Acts 2019, 86th Leg., R.S., Ch. 1093 (H.B. 2041), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter D. Regulation of Facilities › Section 254.160. Prohibited Pricing Practices During Declared State of Disaster

Sec. 254.160.  PROHIBITED PRICING PRACTICES DURING DECLARED STATE OF DISASTER.  (a)  In this section, "unconscionable price" means a price that is more than 200 percent of the average price for the same or a substantially similar product or service provided to other individuals by health care facilities located in the same county or nearest county to the county in which the freestanding emergency medical care facility is located, as applicable, according to data collected by the department under Chapter 108.
(b)  During a state of disaster declared by the governor under Chapter 418, Government Code, a facility may not:
(1)  charge an individual an unconscionable price for a product or service provided at the facility; or
(2)  knowingly or intentionally charge a third-party payor, including a health benefit plan insurer, a price higher than the price charged to an individual for the same product or service based on the payor's liability for payment or partial payment of the product or service.
(c)  Subsection (b)(2) does not prohibit a facility from:
(1)  offering an uninsured individual a cash discount for a particular product or service; or
(2)  accepting directly from an individual full payment for a health care product or service in lieu of submitting a claim to the individual's health benefit plan.
Added by Acts 2021, 87th Leg., R.S., Ch. 1050 (S.B. 2038), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter E. Enforcement and Penalties › Section 254.201. Denial, Suspension, Probation, or Revocation of License

Sec. 254.201.  DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE.  (a)  The department may deny, suspend, or revoke a license for a violation of this chapter or a rule adopted under this chapter.
(b)  The denial, suspension, or revocation of a license by the department and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.
(c)  If the department finds that a 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 remains 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 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 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. March 1, 2010.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 254 - Freestanding Emergency Medical Care Facilities › Subchapter E. Enforcement and Penalties › Section 254.202. Emergency Suspension

Sec. 254.202.  EMERGENCY SUSPENSION.  (a)  The department may issue an emergency order to suspend a license issued under this chapter if the department has reasonable cause to believe that the conduct of a license holder creates an immediate danger to the public health and safety.
(b)  An emergency suspension under this section is effective immediately without a hearing on notice to the license holder.
(c)  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.
(d)  A hearing and any appeal under this section are governed by the department's rules for a contested case hearing and Chapter 2001, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1273 (H.B. 1357), Sec. 1, eff. March 1, 2010.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0814, eff. April 2, 2015.