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Texas Laws | Human Resource Code
HUMAN RESOURCES CODE
TITLE 6. SERVICES FOR THE ELDERLY

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7911)

Amended by: (7912)

Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017. (7913)

Sec. 101A.260. ANALYSIS OF LAWS. (7914)(Text)

(a) The office shall analyze and monitor the development and implementation of federal, state, and local laws, rules, regulations, and policies relating to long-term care facilities and services and shall recommend any changes the office considers necessary. (7915)

(b) To the extent necessary to perform any duties under this subchapter, Section 556.006(a), Government Code, and Section 391.0116, Local Government Code, do not apply to the state long-term care ombudsman or a representative. (7916)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7917)

Amended by: (7918)

Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017. (7919)

Sec. 101A.261. PUBLIC INFORMATION. (7920)(Text)

The office shall provide information and make recommendations to public agencies, legislators, and other persons about the problems and concerns of residents. (7921)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7922)

Amended by: (7923)

Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017. (7924)

Sec. 101A.262. REPORT. (7925)(Text)

(a) The office shall prepare a report that contains: (7926)

(1) information and findings relating to the problems and concerns of residents; and (7927)

(2) policy, regulatory, and legislative recommendations to solve the problems, resolve the concerns, and improve the quality of the residents' care and lives. (7928)

(b) The report must be submitted to the governor and the presiding officer of each house of the legislature not later than November 1 of each even-numbered year. (7929)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7930)

Amended by: (7931)

Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017. (7932)

Sec. 101A.263. LIMITATION OF LIABILITY. (7933)(Text)

The state long-term care ombudsman or a representative is not liable for civil damages or subject to criminal prosecution for performing official duties unless the state long-term care ombudsman or representative acts in bad faith or with a malicious purpose. (7934)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7935)

Amended by: (7936)

Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017. (7937)

Sec. 101A.264. CRIMINAL PENALTY. (7938)(Text)

(a) A person commits an offense if the person: (7939)

(1) by act or omission, wilfully interferes or attempts to interfere with the state long-term care ombudsman or a representative attempting to perform official duties; or (7940)

(2) commits or attempts to commit an act of retaliation or reprisal against any resident or employee of a long-term care facility for filing a complaint or providing information to the state long-term care ombudsman or a representative. (7941)

(b) An offense under this section is a Class B misdemeanor. (7942)

(c) The commission shall ensure that criminal sanctions will be initiated only after all administrative procedures are exhausted. (7943)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7944)

Amended by: (7945)

Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017. (7946)

CHAPTER 102. RIGHTS OF THE ELDERLY (7947)(Text)

Sec. 102.001. DEFINITIONS. (7948)(Text)

In this chapter: (7949)

(1) "Convalescent and nursing home" means an institution licensed by the Department of Aging and Disability Services under Chapter 242, Health and Safety Code. (7950)

(2) "Home health services" means the provision of health service for pay or other consideration in a patient's residence regulated under Chapter 142, Health and Safety Code. (7951)

(3) "Alternate care" means services provided within an elderly individual's own home, neighborhood, or community, including: (7952)

(A) day care; (7953)

(B) foster care; (7954)

(C) alternative living plans, including personal care services; and (7955)

(D) supportive living services, including attendant care, residential repair, or emergency response services. (7956)

(4) "Person providing services" means an individual, corporation, association, partnership, or other private or public entity providing convalescent and nursing home services, home health services, or alternate care services. (7957)

(5) "Elderly individual" means an individual 60 years of age or older. (7958)

Added by Acts 1983, 68th Leg., p. 5159, ch. 936, Sec. 1, eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 264, Sec. 25, eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch. 14, Sec. 284(20), (30), eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 8.101, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1997. (7959)

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