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

TITLE 6. SERVICES FOR THE ELDERLY (7658)(1-click HTML)

CHAPTER 101A. STATE SERVICES FOR THE AGING (7659)(1-click HTML)

Sec. 101A.001. DEFINITIONS. (7660)(1-click HTML)

In this chapter: (7661)

(1) "Commissioner" means the commissioner of aging and disability services. (7662)

(2) "Department" means the Department of Aging and Disability Services. (7663)

(3) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (7664)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7665)

Sec. 101A.002. COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW. (7666)(1-click HTML)

To the extent a power or duty given to the commissioner by this chapter or another law relating to state services for the aging conflicts with Section 531.0055, Government Code, Section 531.0055 controls. (7667)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7668)

Sec. 101A.003. COOPERATION WITH FEDERAL AND STATE AGENCIES. (7669)(1-click HTML)

(a) The department is the state agency designated to handle federal programs relating to the aging that require action within the state and that are not the specific responsibility of another state agency under federal or state law. (7670)

(b) The department is not intended to supplant or to take over from the counties and municipalities of this state or from other state agencies or facilities any of the specific responsibilities relating to services for the aging that they hold. The department shall cooperate with federal and state agencies, counties, and municipalities and private agencies or facilities in the state in accomplishing the purposes of this chapter. (7671)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7672)

SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT AND EXECUTIVE COMMISSIONER (7673)(1-click HTML)
Sec. 101A.051. RULES. (7674)(1-click HTML)

The executive commissioner shall adopt rules governing the functions of the department under this chapter, including rules that prescribe the policies and procedures followed by the department in the administration of any local services programs, employment programs for the aged, volunteer programs for the aged, or other programs. (7675)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7676)

Sec. 101A.052. GENERAL FUNCTIONS OF DEPARTMENT RELATED TO AGING SERVICES. (7677)(1-click HTML)

(a) The department shall provide expertise and advice to state agencies and the legislature and other elected officials on aging issues, including recommendations to meet the needs of this state's elderly population. (7678)

(b) The department shall develop and strengthen the services available for the aged in the state by coordinating services provided by governmental and private agencies and facilities. (7679)

(c) The department shall extend and expand services for the aged by coordinating the interest and efforts of local communities in studying the problems of the aged citizens of this state. (7680)

(d) The department shall encourage, promote, and aid in the establishment of area agencies on aging for the development of programs and services on a local level that improve the living conditions of the aged by enabling them to more fully enjoy and participate in family and community life. (7681)

(e) The department shall sponsor voluntary community rehabilitation and recreational facilities to improve the general welfare of the aged. (7682)

(f) The department shall cooperate with state and federal agencies and other organizations in conducting studies and surveys on the special problems of the aged in matters such as mental and physical health, housing, family relationships, employment, income, vocational rehabilitation, recreation, transportation, insurance, legal rights, and education. The department shall make appropriate reports and recommendations to the governor and to state and federal agencies. (7683)

(g) The department shall conduct research and long-range planning regarding long-term care, community care, and other issues that affect elderly individuals. (7684)

(h) The department shall make recommendations to the governor, the legislature, and state agencies regarding: (7685)

(1) opportunities to coordinate programs for elderly individuals; (7686)

(2) unnecessary duplication in providing services to elderly individuals; and (7687)

(3) gaps in services to elderly individuals. (7688)

(i) The department shall: (7689)

(1) cooperate with the Texas Department of Housing and Community Affairs to provide affordable housing for elderly individuals and for families in which an elderly individual is head of the household; (7690)

(2) assess the need for housing for elderly individuals and for families in which an elderly individual is head of the household in different localities; (7691)

(3) set standards relating to the design and construction of housing for elderly individuals; (7692)

(4) provide planning assistance to builders; and (7693)

(5) publicize the availability of the housing program to potential developers and residents. (7694)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7695)

Sec. 101A.053. OLDER AMERICANS ACT; STATE PLAN. (7696)(1-click HTML)

(a) The department shall develop this state's plan on aging, as required by the Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.). (7697)

(b) The department shall conduct a statewide needs assessment for long-term care and other services for older individuals and their caregivers. The assessment shall include input from: (7698)

(1) area agencies on aging; (7699)

(2) regional and local state agency staff; and (7700)

(3) community-based organizations. (7701)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7702)

SUBCHAPTER C. PROGRAMS AND SERVICES (7703)(1-click HTML)
Sec. 101A.101. COMMUNITY SENIOR CITIZENS EMPLOYMENT PROGRAMS. (7704)(1-click HTML)

(a) In this section, "suitable employment" means employment that is commensurate with the individual's skills and ability and for which compensation is paid equal to the federal minimum wage rate. (7705)

(b) The Texas Workforce Commission may administer a community program for persons 55 years of age or older who lack suitable employment and have family incomes under federal poverty guidelines. (7706)

(c) The Texas Workforce Commission may contract with a public agency or a private, nonprofit organization with experience in managing similar programs to employ persons under this program in providing recreation, beautification, conservation, or restoration services, or public service employment positions for state, county, city, or regional governments or school districts. The Texas Workforce Commission may not contract with an organization that is not a subscriber under the state workers' compensation law or that does not pay the federal minimum wage rate or the prevailing wage rate for the particular job, whichever is greater. (7707)

(d) The state shall finance 80 percent of the cost of the program, and the governments receiving the services shall finance 20 percent of the cost. (7708)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7709)

Sec. 101A.102. VOLUNTARY COMMUNITY SERVICES PROGRAMS. (7710)(1-click HTML)

(a) The department shall ensure that state funds appropriated to the department for programs to recruit elderly persons to perform voluntary community services or for programs under Senior Corps are disbursed to local public agencies or private, nonprofit corporations that operate those programs. (7711)

(b) A public agency or private, nonprofit corporation may not receive state money under this section if it is not able to qualify for federal matching money for the same purpose. (7712)

(c) The executive commissioner by rule shall establish guidelines or formulas to determine the proportion of state money distributed to each public agency or private, nonprofit corporation under this section. The executive commissioner by rule may establish additional qualifications to receive the state money. (7713)

(d) State funds disbursed under this section may not be used to pay compensation to volunteer workers, except for participants in the Foster Grandparent and Senior Companion Programs of Senior Corps, or for purposes other than financing the operation or administration of the volunteer programs, but it may be used to defray expenses incurred by volunteers in the performance of volunteer work. The executive commissioner by rule may further limit the purposes for which the state money may be spent. (7714)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7715)

Sec. 101A.103. TEXAS CARES PROGRAM. (7716)(1-click HTML)

(a) The executive commissioner by rule may establish and the department may operate a Texas Cares program to provide persons eligible for discount drug price programs offered by pharmaceutical companies with: (7717)

(1) information regarding the availability of those programs; and (7718)

(2) in appropriate circumstances, assistance in enrolling in those programs. (7719)

(b) The department may solicit and accept gifts, grants, and donations from any source to use in funding the Texas Cares program. (7720)

(c) The executive commissioner shall design the Texas Cares program to meet the primary goal of increasing awareness in appropriate populations of the availability of discount drug price programs offered by pharmaceutical companies. To the extent that adequate resources are available, the department shall: (7721)

(1) make information regarding discount drug price programs readily available on the department's Internet site; (7722)

(2) maintain a toll-free telephone number through which a person may obtain information regarding discount drug price programs; and (7723)

(3) make brochures or other written informational materials regarding discount drug price programs available on request by a pharmacist, physician, representative of an organization serving senior citizens, or other interested person. (7724)

(d) The department may: (7725)

(1) conduct community outreach and education activities to increase awareness of the availability of discount drug price programs offered by pharmaceutical companies; (7726)

(2) solicit and train volunteers to perform functions associated with the Texas Cares program, including: (7727)

(A) providing assistance to eligible persons in enrolling in discount drug price programs offered by pharmaceutical companies; and (7728)

(B) conducting community outreach and education activities; and (7729)

(3) coordinate operation of the Texas Cares program with the activities of area agencies on aging. (7730)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7731)

Sec. 101A.104. PUBLIC INFORMATION ON COST OF LONG-TERM CARE. (7732)(1-click HTML)

The department shall develop programs to provide information to the public relating to: (7733)

(1) the cost of long-term care; (7734)

(2) the limits on Medicaid eligibility; (7735)

(3) the adequacy or inadequacy of other financing options, including Medicare; and (7736)

(4) possible methods of financing long-term care, including group insurance policies and other methods designed to assist individuals. (7737)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7738)

Sec. 101A.105. SERVICES OF OTHER AGENCIES. (7739)(1-click HTML)

The department may accept services performed by other agencies to accomplish the purposes of this chapter. (7740)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7741)

Sec. 101A.106. REVIEW OF ADMINISTRATIVE COSTS AND PROGRAMS. (7742)(1-click HTML)

(a) The executive commissioner by rule shall define "administrative costs" as used in this section. However, if a standard definition of administrative costs is required by law to be used by state agencies, the executive commissioner shall use that definition. (7743)

(b) To determine the administrative costs incurred by an entity, including an area agency on aging and including an entity that spends money distributed by the department under Section 101A.101 or 101A.102 in engaging in a program that is funded in any part by money derived from the department under this chapter, the department shall request appropriate information from the entity. (7744)

(c) The executive commissioner shall establish the maximum amount of administrative costs that may be incurred by the entity in engaging in the program. (7745)

(d) The department periodically shall review the actions of entities receiving funds from the department under this chapter and shall document its review. The review of an entity that spends money distributed under Section 101A.102 must include on-site evaluations of the entity and must include the review of documentation, which shall be required by the department, of the services performed by the aged in programs under Section 101A.102. (7746)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7747)

Sec. 101A.107. REPORT ON UNIT COSTS. (7748)(1-click HTML)

The department shall file with the Legislative Budget Board and the Governor's Office of Budget, Planning, and Policy a report that clearly identifies the unit cost of each service, other than services related to community service volunteering and subsidized employment services, provided by an area agency on aging. The report must be filed twice each year on or before the date specified by the Legislative Budget Board. The report must be in the form required by the Legislative Budget Board. (7749)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7750)

SUBCHAPTER D. OPTIONS FOR INDEPENDENT LIVING PROGRAM (7751)(1-click HTML)
Sec. 101A.151. DEFINITIONS. (7752)(1-click HTML)

In this subchapter: (7753)

(1) "Case management" means the process of assessing service needs, developing a plan of care, and arranging for and monitoring delivery of care to an elderly person under this subchapter. (7754)

(2) "Case management unit" is an entity that coordinates and administers case management. (7755)

(3) "Elderly person" means a person who is 60 years of age or older. (7756)

(4) "Service area" means a geographical area of the state designated for purposes of planning, development, and overall administration of services provided under this subchapter. (7757)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7758)

Sec. 101A.152. OPTIONS FOR INDEPENDENT LIVING PROGRAM. (7759)(1-click HTML)

(a) The department shall establish a statewide Options for Independent Living program to help elderly persons remain at home despite limited self-care capacities and to prevent institutionalization. (7760)

(b) The Options for Independent Living program shall provide short-term support services to elderly persons for the purposes of: (7761)

(1) restoring functional capacities after illness or hospitalization; and (7762)

(2) educating and preparing elderly persons and their caregivers to provide self-care. (7763)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7764)

Sec. 101A.153. PERSONS TO BE SERVED. (7765)(1-click HTML)

(a) The Options for Independent Living program shall give priority to an elderly person who: (7766)

(1) has recently suffered a major illness or health care crisis or has recently been hospitalized; (7767)

(2) lives in a rural area; (7768)

(3) has insufficient caregiver support; (7769)

(4) has a mild to moderate impairment or a temporary severe impairment; and (7770)

(5) is in great economic or social need, with particular attention to low-income minority older persons. (7771)

(b) In awarding funding under this subchapter, the department shall serve priority populations consistent with the Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.). (7772)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7773)

Sec. 101A.154. PROVISION OF SERVICES. (7774)(1-click HTML)

(a) Support services shall include: (7775)

(1) case management; (7776)

(2) homemaking assistance, including personal care; (7777)

(3) residential repair and modification; (7778)

(4) benefits counseling; (7779)

(5) respite care; (7780)

(6) emergency response; (7781)

(7) education and training for caregivers; (7782)

(8) home-delivered meals; (7783)

(9) transportation; and (7784)

(10) other appropriate services identified by the case manager and client through the assessment and care planning process. (7785)

(b) A case manager shall conduct an individual assessment of an elderly person's needs and shall, in consultation with the elderly person and the elderly person's family, create a plan of care that specifies the type, amount, frequency, and duration of support services the elderly person needs. (7786)

(c) A plan of care must coordinate the available public and private services and resources that are most appropriate to meet the elderly person's needs. (7787)

(d) An area agency on aging may not directly provide homemaker, home health, residential repair, respite, meal delivery, or transportation service unless the area agency: (7788)

(1) receives no response to a request for proposals that meets department standards; and (7789)

(2) has exhausted all other procurement options available under department rules. (7790)

(e) An area agency on aging that wants to provide directly a service not available through a local public or private entity must obtain approval from the department in accordance with department rules governing the granting of such approval. (7791)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7792)

Sec. 101A.155. CASE MANAGEMENT UNITS. (7793)(1-click HTML)

(a) The department shall designate one or more case management units for each service area to provide case management services according to department rules and standards. (7794)

(b) The department shall designate an area agency on aging as a case management unit for a service area. The area agency on aging may act as the case management unit, after obtaining approval from the department in accordance with department rules governing the granting of such approval, or the area agency on aging may subcontract with a local service agency or hospital to act as the case management unit. (7795)

(c) A case manager must be an employee of a case management unit. (7796)

(d) The department shall periodically review a case management unit. (7797)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7798)

Sec. 101A.156. ADMINISTRATION OF PROGRAM. (7799)(1-click HTML)

(a) The department shall administer the Options for Independent Living program through grants to area agencies on aging. (7800)

(b) Area agencies on aging shall maintain their service provision levels in effect on September 1, 1989, independent of the Options for Independent Living program. Funds made available under this program may not be used to supplant service funds for services provided on September 1, 1989. (7801)

(c) An area agency on aging that receives funds under this section shall ensure the availability of the services for which the funds were granted. (7802)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7803)

Sec. 101A.157. FEES. (7804)(1-click HTML)

(a) The executive commissioner by rule shall establish a copayment system using a sliding scale that is based on an elderly person's income. (7805)

(b) An elderly person whose income exceeds the basic income and resources requirements for eligibility for the community care for aged and disabled program of the department, but whose income is less than 200 percent of that level, shall pay a portion of the cost of support services provided to the person by a case management unit according to the fee scale. (7806)

(c) An elderly person whose income exceeds 200 percent of the level established by the department for the community care for aged and disabled program shall pay the full cost of support services provided by a case management unit. (7807)

(d) A local case management unit shall collect and account for all fees imposed for services provided by the case management unit and shall submit reports to the department as prescribed by department rules. (7808)

(e) Fees collected shall be used to defray program costs and to expand the Options for Independent Living program. (7809)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7810)

Sec. 101A.158. ANNUAL REPORT. (7811)(1-click HTML)

(a) The department shall annually report on the Options for Independent Living program to the governor and the presiding officer of each house of the legislature. (7812)

(b) The report must include information concerning the manner in which the department has provided services under the Options for Independent Living program to elderly persons entitled to priority under Section 101A.153(a). (7813)

(c) The report must be submitted not later than November 1 of each even-numbered year. (7814)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7815)

SUBCHAPTER E. FUNDING (7816)(1-click HTML)
Sec. 101A.201. AUTHORITY TO ACCEPT, EXPEND, AND TRANSFER FUNDS. (7817)(1-click HTML)

The department may accept, expend, and transfer federal and state funds appropriated for programs authorized by federal and state law and administered by the department under this chapter. The department may accept, expend, and transfer funds received in relation to this chapter from any source, including a county, municipality, or public or private agency. The funds shall be deposited in the state treasury and may be used for the purposes of this chapter, subject to any conditions attached to the funds. (7818)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7819)

Sec. 101A.202. CONTRIBUTIONS TO LOCAL ORGANIZATIONS: CERTAIN COUNTIES. (7820)(1-click HTML)

(a) This section applies only to counties having a population of not less than 22,140 and not more than 22,340 and to cities and towns within those counties. (7821)

(b) Each county and each city or town to which this section applies may cooperate with the department in carrying out the department's purposes under this chapter on a local level by contributing funds to any local organization the functions of which are to cooperate with the department in carrying out those purposes. The organization must operate with the approval and sanction of the department. (7822)

(c) The operation of buildings, facilities, services, and programs by an organization for other community services or benefits does not prohibit the contribution of the funds under this section for the part of the organization's program for the aging if that part of the program is approved by the department. (7823)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7824)

Sec. 101A.203. FUNDING TO AREA AGENCIES ON AGING. (7825)(1-click HTML)

(a) The executive commissioner by rule shall adopt a formula that meets the intent of the Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) for allocating among area agencies on aging funds that the department receives under the Act. (7826)

(b) The formula must provide for the allocation of the funds among the area agencies on aging according to the most recent population estimates available from the Health and Human Services Commission. (7827)

(c) The executive commissioner shall update the formula biennially and the department shall include the formula and population estimates in each state plan on aging. (7828)

(d) Unless otherwise provided for by department rules regarding the carryover of unexpended funds allocated under this section, at the end of a fiscal year excess unexpended funds of an area agency on aging's allocations for that fiscal year shall be deducted from the allocation for the new fiscal year and that same amount of new fiscal year funds shall be reallocated. The executive commissioner by rule shall adopt a reallocation formula that includes performance as a criterion, in addition to other criteria adopted by the executive commissioner. (7829)

(e) The funds that the department receives under the Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) shall be allocated and reallocated to area agencies on aging under the formulas adopted under this section. (7830)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7831)

Sec. 101A.204. TRUSTS FOR CERTAIN RECIPIENTS OF MEDICAL ASSISTANCE. (7832)(1-click HTML)

(a) An area agency on aging may contract with one or more private attorneys to establish trusts described by 42 U.S.C. Section 1396p(d)(4)(B) for the benefit of recipients of medical assistance under Chapter 32 who, without the establishment of these trusts, would become ineligible for medical assistance. (7833)

(b) The department shall allocate available state funds to the area agencies on aging for use in contracting for the establishment of trusts under Subsection (a). (7834)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7835)

SUBCHAPTER F. OFFICE OF STATE LONG-TERM CARE OMBUDSMAN (7836)(1-click HTML)
Sec. 101A.251. DEFINITIONS. (7837)(1-click HTML)

In this subchapter: (7838)

(1) "Commission" means the Health and Human Services Commission. (7839)

(1-a) "Local ombudsman entity" means a distinct unit or entity, consisting of representatives, designated by the state long-term care ombudsman to carry out the ombudsman program in a service area of the state. (7840)

(2) "Long-term care facility" means a facility that is licensed or regulated or that is required to be licensed or regulated by the commission under Chapter 242 or 247, Health and Safety Code. (7841)

(3) "Office" means the office of the state long-term care ombudsman, consisting of the state long-term care ombudsman and representatives who are employed by the commission. (7842)

(3-a) "Ombudsman program" means the program through which the functions and duties of the office are carried out, consisting of the office and all representatives. (7843)

(4) "Representative" means an employee or volunteer specifically designated by the office as a representative of the office. (7844)

(4-a) "Resident" means a resident of a long-term care facility. (7845)

(5) "State long-term care ombudsman" means the chief administrator of the office. (7846)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7847)

Amended by: (7848)

Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017. (7849)

Sec. 101A.252. OPERATION OF OFFICE. (7850)(1-click HTML)

(a) The office shall operate and is subject to the commission's oversight in accordance with federal and state statute. (7851)

(b) The commission may operate the office directly or by contract or memorandum of agreement with a public agency or other appropriate private nonprofit organization. The commission, agency, or organization may not implement a policy that prohibits the office from performing its duties under this subchapter. The commission may not use an agency or organization that: (7852)

(1) is responsible for licensing or certifying long-term care services; (7853)

(2) is an association of long-term care facilities or of any other residential facility that serves persons with disabilities or who are 60 years of age or older, or that is an affiliate of such an association; or (7854)

(3) has an ownership, operational, or investment interest in a long-term care facility. (7855)

(c) The commission shall consider the views of residents, provider organizations, advocacy groups, and area agencies on aging in planning and operating the office. (7856)

(d) The commission shall ensure that a person involved in designating the state long-term care ombudsman or in designating a representative does not have a conflict of interest. (7857)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7858)

Amended by: (7859)

Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017. (7860)

Sec. 101A.253. ROLE OF OFFICE. (7861)(1-click HTML)

The office and the ombudsman program shall operate in cooperation with any regulatory agency funded and mandated by federal and state statute. (7862)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7863)

Amended by: (7864)

Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017. (7865)

Sec. 101A.254. POWERS AND DUTIES OF STATE LONG-TERM CARE OMBUDSMAN AND OFFICE. (7866)(1-click HTML)

(a) The office has the powers and duties authorized and required by state and federal law. (7867)

(b) The office may use appropriate administrative, legal, and other remedies to assist residents as provided by commission rules. (7868)

(c) The office acts independently of the commission in the performance of its powers and duties under this subchapter. (7869)

(d) The state long-term care ombudsman has the authority to designate a local ombudsman entity or representative and to suspend or revoke that designation. (7870)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7871)

Amended by: (7872)

Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017. (7873)

Sec. 101A.255. OMBUDSMEN. (7874)(1-click HTML)

(a) The office shall recruit volunteers and citizen organizations to participate in the ombudsman program. A paid staff member of an area agency on aging network or a nonprofit social service agency may be an ombudsman. An ombudsman is a representative. (7875)

(b) The office shall provide training to ombudsmen as required by this subchapter and federal law. (7876)

(c) The office shall coordinate ombudsman services with the protection and advocacy systems that exist for persons with developmental disabilities or mental illness. (7877)

(d) The office shall coordinate ombudsman services with state and local law enforcement agencies and courts of competent jurisdiction. The office is not authorized to compel those law enforcement agencies or courts to coordinate ombudsman services or other activities with the office. (7878)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7879)

Amended by: (7880)

Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017. (7881)

Sec. 101A.256. LEGAL COUNSEL. (7882)(1-click HTML)

The commission shall ensure that the office receives adequate legal advice and representation without conflict of interest as defined by the Texas Disciplinary Rules of Professional Conduct. The attorney general shall represent the state long-term care ombudsman and a representative if a suit or other legal action is brought or threatened to be brought against that person in connection with the person's performance of the official duties of the ombudsman program. (7883)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7884)

Amended by: (7885)

Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017. (7886)

Sec. 101A.257. INVESTIGATIONS. (7887)(1-click HTML)

(a) The office shall have access to residents and shall, in accordance with commission rules, investigate and resolve complaints made by or on behalf of residents. (7888)

(b) The state long-term care ombudsman shall ensure that each ombudsman designated under Section 101A.255 who investigates complaints has received proper training and has been approved by the office as qualified to investigate complaints. (7889)

(c) The office shall investigate a grievance made against a representative in accordance with commission rules and inform the person who made the grievance of the outcome of the investigation when the investigation is concluded. (7890)

(d) A long-term care facility shall cooperate with an investigation conducted by the state long-term care ombudsman or a representative, including an ombudsman designated under Section 101A.255. (7891)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7892)

Amended by: (7893)

Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017. (7894)

Sec. 101A.258. ACCESS TO RECORDS AND CONFIDENTIALITY. (7895)(1-click HTML)

(a) The state long-term care ombudsman and representatives shall have access to patient care records of residents as provided by commission rules. Except as provided by Subsection (b), all records and information created or obtained by the state long-term care ombudsman or a representative remain confidential. (7896)

(a-1) The state long-term care ombudsman and representatives shall have access to patient care records of a resident if: (7897)

(1) the resident or the resident's legal representative consents to the access; (7898)

(2) the resident is unable to consent to the access and the resident has no legal representative; or (7899)

(3) access to the records is necessary to investigate a complaint and: (7900)

(A) a legal representative of the resident refuses to consent to the access; (7901)

(B) the state long-term care ombudsman or representative has reasonable cause to believe that the legal representative of the resident is not acting in the best interests of the resident; and (7902)

(C) the state long-term care ombudsman approves the access. (7903)

(b) The office shall ensure that the identity of a complainant or any resident may be disclosed only with the consent of the person or the person's legal representative or on court order. (7904)

(c) Files, records, and other information maintained as part of the ombudsman program may be disclosed only at the discretion of the state long-term care ombudsman. (7905)

Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015. (7906)

Amended by: (7907)

Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017. (7908)

Sec. 101A.259. REPORTING SYSTEM. (7909)(1-click HTML)

The office shall maintain a statewide ombudsman uniform reporting system to collect and analyze information relating to complaints and conditions in long-term care facilities as long as such system does not duplicate other state reporting systems. The office shall provide the information to the commission in accordance with federal law. (7910)

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)(1-click HTML)

(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)(1-click HTML)

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)(1-click HTML)

(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)(1-click HTML)

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)(1-click HTML)

(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)(1-click HTML)

Sec. 102.001. DEFINITIONS. (7948)(1-click HTML)

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)

Amended by: (7960)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.362, eff. April 2, 2015. (7961)

Sec. 102.002. PROHIBITION. (7962)(1-click HTML)

(a) A person providing services to the elderly may not deny an elderly individual a right guaranteed by this chapter. (7963)

(b) Each agency that licenses, registers, or certifies a person providing services shall require the person to implement and enforce this chapter. A violation of this chapter is grounds for suspension or revocation of the license, registration, or certification of a person providing services. (7964)

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. 26, eff. Aug. 26, 1985; Acts 1997, 75th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1997. (7965)

Sec. 102.003. RIGHTS OF THE ELDERLY. (7966)(1-click HTML)

(a) An elderly individual has all the rights, benefits, responsibilities, and privileges granted by the constitution and laws of this state and the United States, except where lawfully restricted. The elderly individual has the right to be free of interference, coercion, discrimination, and reprisal in exercising these civil rights. (7967)

(b) An elderly individual has the right to be treated with dignity and respect for the personal integrity of the individual, without regard to race, religion, national origin, sex, age, disability, marital status, or source of payment. This means that the elderly individual: (7968)

(1) has the right to make the individual's own choices regarding the individual's personal affairs, care, benefits, and services; (7969)

(2) has the right to be free from abuse, neglect, and exploitation; and (7970)

(3) if protective measures are required, has the right to designate a guardian or representative to ensure the right to quality stewardship of the individual's affairs. (7971)

(c) An elderly individual has the right to be free from physical and mental abuse, including corporal punishment or physical or chemical restraints that are administered for the purpose of discipline or convenience and not required to treat the individual's medical symptoms. A person providing services may use physical or chemical restraints only if the use is authorized in writing by a physician or the use is necessary in an emergency to protect the elderly individual or others from injury. A physician's written authorization for the use of restraints must specify the circumstances under which the restraints may be used and the duration for which the restraints may be used. Except in an emergency, restraints may only be administered by qualified medical personnel. (7972)

(d) An elderly individual with an intellectual disability who has a court-appointed guardian of the person may participate in a behavior modification program involving use of restraints or adverse stimuli only with the informed consent of the guardian. (7973)

(e) An elderly individual may not be prohibited from communicating in the individual's native language with other individuals or employees for the purpose of acquiring or providing any type of treatment, care, or services. (7974)

(f) An elderly individual may complain about the individual's care or treatment. The complaint may be made anonymously or communicated by a person designated by the elderly individual. The person providing service shall promptly respond to resolve the complaint. The person providing services may not discriminate or take other punitive action against an elderly individual who makes a complaint. (7975)

(g) An elderly individual is entitled to privacy while attending to personal needs and a private place for receiving visitors or associating with other individuals unless providing privacy would infringe on the rights of other individuals. This right applies to medical treatment, written communications, telephone conversations, meeting with family, and access to resident councils. An elderly person may send and receive unopened mail, and the person providing services shall ensure that the individual's mail is sent and delivered promptly. If an elderly individual is married and the spouse is receiving similar services, the couple may share a room. (7976)

(h) An elderly individual may participate in activities of social, religious, or community groups unless the participation interferes with the rights of other persons. (7977)

(i) An elderly individual may manage the individual's personal financial affairs. The elderly individual may authorize in writing another person to manage the individual's financial affairs. The elderly individual may choose the manner of financial management, which may include management through or under a money management program, a representative payee program, a financial power of attorney, a trust, or a similar method, and the individual may choose the least restrictive of these methods. A person designated to manage an elderly individual's financial affairs shall do so in accordance with each applicable program policy, law, or rule. On request of the elderly individual or the individual's representative, the person designated to manage the elderly individual's financial affairs shall make available the related financial records and provide an accounting relating to the financial management. An elderly individual's designation of another person to manage the individual's financial affairs does not affect the individual's ability to exercise another right described by this chapter. If an elderly individual is unable to designate another person to manage the individual's financial affairs and a guardian is designated by a court, the guardian shall manage the individual's financial affairs in accordance with the Estates Code and other applicable laws. (7978)

(j) An elderly individual is entitled to access to the individual's personal and clinical records. These records are confidential and may not be released without the elderly individual's consent, except the records may be released: (7979)

(1) to another person providing services at the time the elderly individual is transferred; or (7980)

(2) if the release is required by another law. (7981)

(k) A person providing services shall fully inform an elderly individual, in language that the individual can understand, of the individual's total medical condition and shall notify the individual whenever there is a significant change in the person's medical condition. (7982)

(l) An elderly individual may choose and retain a personal physician and is entitled to be fully informed in advance about treatment or care that may affect the individual's well-being. (7983)

(m) An elderly individual may participate in an individual plan of care that describes the individual's medical, nursing, and psychological needs and how the needs will be met. (7984)

(n) An elderly individual may refuse medical treatment after the elderly individual: (7985)

(1) is advised by the person providing services of the possible consequences of refusing treatment; and (7986)

(2) acknowledges that the individual clearly understands the consequences of refusing treatment. (7987)

(o) An elderly individual may retain and use personal possessions, including clothing and furnishings, as space permits. The number of personal possessions may be limited for the health and safety of other individuals. (7988)

(p) An elderly individual may refuse to perform services for the person providing services. (7989)

(q) Not later than the 30th day after the date the elderly individual is admitted for service, a person providing services shall inform the individual: (7990)

(1) whether the individual is entitled to benefits under Medicare or Medicaid; and (7991)

(2) which items and services are covered by these benefits, including items or services for which the elderly individual may not be charged. (7992)

(r) A person providing services may not transfer or discharge an elderly individual unless: (7993)

(1) the transfer is for the elderly individual's welfare, and the individual's needs cannot be met by the person providing services; (7994)

(2) the elderly individual's health is improved sufficiently so that services are no longer needed; (7995)

(3) the elderly individual's health and safety or the health and safety of another individual would be endangered if the transfer or discharge was not made; (7996)

(4) the person providing services ceases to operate or to participate in the program that reimburses the person providing services for the elderly individual's treatment or care; or (7997)

(5) the elderly individual fails, after reasonable and appropriate notices, to pay for services. (7998)

(s) Except in an emergency, a person providing services may not transfer or discharge an elderly individual from a residential facility until the 30th day after the date the person providing services provides written notice to the elderly individual, the individual's legal representative, or a member of the individual's family stating: (7999)

(1) that the person providing services intends to transfer or to discharge the elderly individual; (8000)

(2) the reason for the transfer or discharge listed in Subsection (r); (8001)

(3) the effective date of the transfer or discharge; (8002)

(4) if the individual is to be transferred, the location to which the individual will be transferred; and (8003)

(5) the individual's right to appeal the action and the person to whom the appeal should be directed. (8004)

(t) An elderly individual may: (8005)

(1) make a living will by executing a directive under Subchapter B, Chapter 166, Health and Safety Code; (8006)

(2) execute a medical power of attorney under Subchapter D, Chapter 166, Health and Safety Code; or (8007)

(3) designate a guardian in advance of need to make decisions regarding the individual's health care should the individual become incapacitated. (8008)

Added by Acts 1983, 68th Leg., p. 5159, ch. 936, Sec. 1, eff. Sept. 1, 1983. Amended by Acts 1997, 75th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1997. (8009)

Amended by: (8010)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.363, eff. April 2, 2015. (8011)

Sec. 102.004. LIST OF RIGHTS. (8012)(1-click HTML)

(a) A person providing services shall provide each elderly individual with a written list of the individual's rights and responsibilities, including each provision of Section 102.003, before providing services or as soon after providing services as possible, and shall post the list in a conspicuous location. (8013)

(b) A person providing services must inform an elderly individual of changes or revisions in the list. (8014)

Added by Acts 1983, 68th Leg., p. 5159, ch. 936, Sec. 1, eff. Sept. 1, 1983. Amended by Acts 1997, 75th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1997. (8015)

Sec. 102.005. RIGHTS CUMULATIVE. (8016)(1-click HTML)

The rights described in this chapter are cumulative of other rights or remedies to which an elderly individual may be entitled under law. (8017)

Added by Acts 1997, 75th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1997. (8018)

CHAPTER 103. DAY ACTIVITY AND HEALTH SERVICES (8019)(1-click HTML)

Sec. 103.001. PURPOSE. (8020)(1-click HTML)

It is the purpose of this chapter to establish programs of quality day activity and health services that will enable persons with disabilities who have medical or functional impairments and elderly persons to maintain maximum independence and to prevent premature or inappropriate institutionalization. It is the purpose of this chapter to provide adequately regulated supervision for elderly persons and persons with disabilities while enabling them to remain in a family environment and affording the family a measure of normality in its daily activities. The legislature intends to provide for the development of policies and programs that will: (8021)

(1) provide alternatives to institutionalization; (8022)

(2) establish facilities for day activity and health services throughout the state that offer services and are accessible to economically disadvantaged persons; and (8023)

(3) prevent inappropriate institutionalization. (8024)

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983. (8025)

Amended by: (8026)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.364, eff. April 2, 2015. (8027)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 6, eff. June 19, 2015. (8028)

Sec. 103.002. SHORT TITLE. (8029)(1-click HTML)

This chapter may be cited as the Day Activity and Health Services Act. (8030)

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983. (8031)

Amended by: (8032)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 6, eff. June 19, 2015. (8033)

Sec. 103.003. DEFINITIONS. (8034)(1-click HTML)

In this chapter: (8035)

(1) "Commission" means the Health and Human Services Commission. (8036)

(1-a) "Day activity and health services facility" means a facility that provides services under a day activity and health services program on a daily or regular basis but not overnight to four or more elderly persons or persons with disabilities who are not related by blood, marriage, or adoption to the owner of the facility. (8037)

(2) "Day activity and health services program" means a structured, comprehensive program that is designed to meet the needs of adults with functional impairments through an individual plan of care by providing health, social, and related support services in a protective setting. (8038)

(3) "Department" means the Department of Aging and Disability Services. (8039)

(4) "Elderly person" means a person 65 years of age or older. (8040)

(4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (8041)

(4-b) "Facility" means a day activity and health services facility. (8042)

(5) "Person with a disability" means a person whose functioning is sufficiently impaired to require frequent medical attention, counseling, physical therapy, therapeutic or corrective equipment, or another person's attendance and supervision. (8043)

(6) "Person" means an individual, corporation, or association. (8044)

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 264, Sec. 27, eff. Aug. 26, 1985; Acts 1993, 73rd Leg., ch. 434, Sec. 2, eff. Jan. 1, 1994. (8045)

Amended by: (8046)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.365, eff. April 2, 2015. (8047)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 7, eff. June 19, 2015. (8048)

Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 17, eff. September 1, 2017. (8049)

Sec. 103.004. DEPARTMENT AND EXECUTIVE COMMISSIONER DUTIES. (8050)(1-click HTML)

(a) The executive commissioner shall adopt rules for implementing this chapter. (8051)

(b) The executive commissioner shall set standards for: (8052)

(1) the health and welfare of persons attending a facility; (8053)

(2) the eligibility of persons to attend a facility; (8054)

(3) the scope of services provided by a facility; (8055)

(4) adequate supervision for persons attending a facility; (8056)

(5) the professional staff and other personnel at a facility; (8057)

(6) adequate and healthful food service, where it may be offered; (8058)

(7) procedures for consultation with family members, case workers, or other persons responsible for the welfare of a person attending a facility; and (8059)

(8) prohibiting racial discrimination. (8060)

(c) The department may contract with a political subdivision or a person for transporting persons to a facility. (8061)

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983. (8062)

Amended by: (8063)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.366, eff. April 2, 2015. (8064)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.367, eff. April 2, 2015. (8065)

Sec. 103.0041. LICENSE REQUIRED. (8066)(1-click HTML)

(a) A person may not operate a day activity and health services facility without a license issued under this chapter. (8067)

(b) A person commits an offense if the person violates Subsection (a) of this section. An offense under this subsection is a Class A misdemeanor. (8068)

Added by Acts 1993, 73rd Leg., ch. 434, Sec. 1, eff. Jan. 1, 1994. (8069)

Amended by: (8070)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 8, eff. June 19, 2015. (8071)

Sec. 103.005. LICENSING DUTIES. (8072)(1-click HTML)

The executive commissioner shall: (8073)

(1) adopt rules for the licensing procedures for a licensed facility; and (8074)

(2) set standards for the safety and sanitation requirements for a licensed facility. (8075)

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.102, eff. Sept. 1, 1995. (8076)

Amended by: (8077)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.368, eff. April 2, 2015. (8078)

Sec. 103.006. LICENSE. (8079)(1-click HTML)

(a) The commission shall issue a license to operate a day activity and health services facility to a person who has met the application requirements and received approval after an on-site inspection. (8080)

(b) The license expires three years from the date of its issuance. The executive commissioner by rule shall adopt a system under which licenses expire on staggered dates during the 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. (8081)

(c) An applicant for a license under this chapter who has a health care provider license is entitled to have inspections and license renewal procedures coordinated so that one inspection may fulfill various licensing requirements. (8082)

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch. 434, Sec. 3, eff. Jan. 1, 1994; Acts 1995, 74th Leg., ch. 76, Sec. 8.103, eff. Sept. 1, 1995. (8083)

Amended by: (8084)

Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 3, eff. September 1, 2007. (8085)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.369, eff. April 2, 2015. (8086)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 9, eff. June 19, 2015. (8087)

Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 18, eff. September 1, 2017. (8088)

Sec. 103.007. LICENSE APPLICATION. (8089)(1-click HTML)

(a) An applicant for a license to operate a day activity and health services facility must file an application on a form prescribed by the commission together with a license fee of $75. (8090)

(b) The applicant must provide evidence of: (8091)

(1) the ability to comply with the requirements of the commission; (8092)

(2) responsible management; and (8093)

(3) qualified professional staff and personnel. (8094)

(c) A person who operates a facility that is licensed under this chapter must file an application for a renewal license not later than the 45th day before the expiration date of the current license on a form prescribed by the commission together with a renewal fee of $50. (8095)

(d) An applicant for a license renewal who submits an application later than the 45th day before the expiration date of the license is subject to a late fee in accordance with commission rules. (8096)

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch. 434, Sec. 4, eff. Jan. 1, 1994; Acts 1995, 74th Leg., ch. 76, Sec. 8.104, eff. Sept. 1, 1995. (8097)

Amended by: (8098)

Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 4, eff. September 1, 2007. (8099)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 10, eff. June 19, 2015. (8100)

Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 19, eff. September 1, 2017. (8101)

Sec. 103.0075. EARLY COMPLIANCE REVIEW. (8102)(1-click HTML)

(a) The executive commissioner by rule shall adopt a procedure under which a person proposing to construct or modify a day activity and health services facility may submit building plans to the department for review for compliance with the department's architectural requirements before beginning construction or modification. In adopting the procedure, the executive commissioner shall set reasonable deadlines by which the department must complete review of submitted plans. (8103)

(b) The department shall, within 30 days, review plans submitted under this section for compliance with the department's architectural requirements and inform the person in writing of the results of the review. If the plans comply with the department's architectural requirements, the department may not subsequently change the architectural requirements applicable to the project unless: (8104)

(1) the change is required by federal law; or (8105)

(2) the person fails to complete the project within a reasonable time. (8106)

(c) The department may charge a reasonable fee adopted by the executive commissioner by rule for conducting a review under this section. (8107)

(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(90), eff. April 2, 2015. (8108)

(e) The review procedure provided by this section does not include review of building plans for compliance with the Texas Accessibility Standards as administered and enforced by the Texas Department of Licensing and Regulation. (8109)

Added by Acts 2001, 77th Leg., ch. 339, Sec. 1, eff. Sept. 1, 2001. (8110)

Amended by: (8111)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.370, eff. April 2, 2015. (8112)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(90), eff. April 2, 2015. (8113)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 11, eff. June 19, 2015. (8114)

Sec. 103.008. INSPECTIONS. (8115)(1-click HTML)

(a) In addition to the inspection required under Section 103.006(a), the commission: (8116)

(1) shall inspect each facility every two years following the initial inspection required under Section 103.006(a); and (8117)

(2) may inspect a facility at other reasonable times as necessary to ensure compliance with this chapter. (8118)

(b) Any person may request an inspection of a facility by notifying the commission in writing of an alleged violation of a licensing requirement. The complaint shall be as detailed as possible and signed by the complainant. The commission shall perform an on-site inspection as soon as feasible but no later than 30 days after receiving the complaint unless after an investigation the complaint is found to be frivolous. The commission shall respond to a complainant in writing. The commission shall also receive and investigate anonymous complaints. (8119)

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.105, eff. Sept. 1, 1995. (8120)

Amended by: (8121)

Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 20, eff. September 1, 2017. (8122)

Sec. 103.009. LICENSE DENIAL, SUSPENSION, OR REVOCATION. (8123)(1-click HTML)

(a) The department may deny, suspend, or revoke the license of an applicant or holder of a license who fails to comply with the rules or standards for licensing required by this chapter or has committed an act described by Sections 103.012(a)(2)-(7). (8124)

(b) The denial, suspension, or revocation of a license and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code. (8125)

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch. 434, Sec. 5, eff. Jan. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 8.106, eff. Sept. 1, 1995. (8126)

Amended by: (8127)

Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.17, eff. September 1, 2011. (8128)

Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 32, eff. September 1, 2011. (8129)

Sec. 103.0091. INJUNCTION. (8130)(1-click HTML)

(a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided under this chapter if the department finds that the violation creates an immediate threat to the health and safety of the day activity and health services facility residents. (8131)

(b) A district court, on petition of the department and on a finding by the court that a person is violating the standards or licensing requirements provided under this chapter, may by injunction: (8132)

(1) prohibit a person from continuing a violation of the standards or licensing requirements provided under this chapter; (8133)

(2) restrain or prevent the establishment or operation of a facility without a license issued under this chapter; or (8134)

(3) grant any other injunctive relief warranted by the facts. (8135)

(c) The attorney general may institute and conduct a suit authorized by this section at the request of the department. (8136)

(d) Venue for a suit brought under this section is in the county in which the facility is located or in Travis County. (8137)

Added by Acts 1993, 73rd Leg., ch. 434, Sec. 1, eff. Jan. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.107, eff. Sept. 1, 1995. (8138)

Amended by: (8139)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 12, eff. June 19, 2015. (8140)

Sec. 103.0092. EMERGENCY SUSPENSION AND CLOSING ORDER. (8141)(1-click HTML)

(a) If the department finds a day activity and health services facility operating in violation of the standards prescribed by this chapter and the violations create an immediate threat to the health and safety of a resident in the facility, the department shall suspend the license or order immediate closing of all or part of the facility. (8142)

(b) The order suspending a license under Subsection (a) is immediately effective on written notice to the license holder or on the date specified on the order. (8143)

(c) The order suspending the license and ordering closure of all or part of a facility is valid for 10 days after the effective date. (8144)

Added by Acts 1993, 73rd Leg., ch. 434, Sec. 1, eff. Jan. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.108, eff. Sept. 1, 1995. (8145)

Amended by: (8146)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 13, eff. June 19, 2015. (8147)

Sec. 103.010. DISPOSITION OF FUNDS. (8148)(1-click HTML)

(a) All fees collected under this chapter shall be deposited to the credit of the General Revenue Fund. (8149)

(b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(91), eff. April 2, 2015. (8150)

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983. (8151)

Amended by: (8152)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(91), eff. April 2, 2015. (8153)

Sec. 103.011. RIGHTS OF THE ELDERLY. (8154)(1-click HTML)

(a) In addition to other rights an individual attending a day activity and health services facility has as a citizen, an individual who is 55 years of age or older has the rights prescribed by Chapter 102 of this code. (8155)

(b) The department shall require each day activity and health services facility to implement and enforce the applicable provisions of Chapter 102 of this code. (8156)

Added by Acts 1985, 69th Leg., ch. 117, Sec. 1(a), eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 1052, Sec. 7.06, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 434, Sec. 6, eff. Jan. 1, 1994; Acts 1995, 74th Leg., ch. 76, Sec. 8.109, eff. Sept. 1, 1995. (8157)

Amended by: (8158)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 14, eff. June 19, 2015. (8159)

Sec. 103.012. ADMINISTRATIVE PENALTY. (8160)(1-click HTML)

(a) The commission may assess an administrative penalty against a person who: (8161)

(1) violates this chapter, a rule, standard, or order adopted under this chapter, or a term of a license issued under this chapter; (8162)

(2) makes a false statement of a material fact that the person knows or should know is false: (8163)

(A) on an application for issuance or renewal of a license or in an attachment to the application; or (8164)

(B) with respect to a matter under investigation by the commission; (8165)

(3) refuses to allow a representative of the commission to inspect: (8166)

(A) a book, record, or file required to be maintained by a day activity and health services facility; or (8167)

(B) any portion of the premises of a day activity and health services facility; (8168)

(4) wilfully interferes with the work of a representative of the commission or the enforcement of this chapter; (8169)

(5) wilfully interferes with a representative of the commission preserving evidence of a violation of this chapter, a rule, standard, or order adopted under this chapter, or a term of a license issued under this chapter; (8170)

(6) fails to pay a penalty assessed under this chapter not later than the 30th day after the date the assessment of the penalty becomes final; or (8171)

(7) fails to notify the commission of a change of ownership before the effective date of the change of ownership. (8172)

(b) Except as provided by Section 103.013(c), the penalty may not exceed $500 for each violation. (8173)

(c) Each day of a continuing violation constitutes a separate violation. (8174)

(d) The executive commissioner shall establish gradations of penalties in accordance with the relative seriousness of the violation. (8175)

(e) In determining the amount of a penalty, the commission shall consider any matter that justice may require, including: (8176)

(1) the gradations of penalties established under Subsection (d); (8177)

(2) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited act and the hazard or potential hazard created by the act to the health or safety of the public; (8178)

(3) the history of previous violations; (8179)

(4) the deterrence of future violations; and (8180)

(5) the efforts to correct the violation. (8181)

(f) A penalty assessed under Subsection (a)(6) is in addition to the penalty previously assessed and not timely paid. (8182)

(g) The commission shall develop and use a system to record and track the scope and severity of each violation of this chapter or a rule, standard, or order adopted under this chapter for the purpose of assessing an administrative penalty for the violation or taking some other enforcement action against the appropriate facility to deter future violations. The system: (8183)

(1) must be comparable to the system used by the Centers for Medicare and Medicaid Services to categorize the scope and severity of violations for nursing homes; and (8184)

(2) may be modified, as appropriate, to reflect changes in industry practice or changes made to the system used by the Centers for Medicare and Medicaid Services. (8185)

Added by Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 4.01, eff. September 1, 2011. (8186)

Added by Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 33, eff. September 1, 2011. (8187)

Amended by: (8188)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.371, eff. April 2, 2015. (8189)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 15, eff. June 19, 2015. (8190)

Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 21, eff. September 1, 2017. (8191)

Sec. 103.013. RIGHT TO CORRECT BEFORE IMPOSITION OF ADMINISTRATIVE PENALTY. (8192)(1-click HTML)

(a) The commission may not collect an administrative penalty from a day activity and health services facility under Section 103.012 if, not later than the 45th day after the date the facility receives notice under Section 103.014(c), the facility corrects the violation. (8193)

(b) Subsection (a) does not apply to: (8194)

(1) a violation that the commission determines: (8195)

(A) represents a pattern of violation that results in actual harm; (8196)

(B) is widespread in scope and results in actual harm; (8197)

(C) is widespread in scope, constitutes a potential for actual harm, and relates to: (8198)

(i) staffing, including staff training, ratio, and health; (8199)

(ii) administration of medication; or (8200)

(iii) emergency preparedness and response; (8201)

(D) constitutes an immediate threat to the health or safety of an elderly person or a person with a disability receiving services at a facility; or (8202)

(E) substantially limits the facility's capacity to provide care; (8203)

(2) a violation described by Sections 103.012(a)(2)-(7); (8204)

(3) a violation of Section 103.011; or (8205)

(4) a second or subsequent violation of Section 326.002, Health and Safety Code, that occurs before the second anniversary of the date of the first violation. (8206)

(c) A day activity and health services facility that corrects a violation must maintain the correction. If the facility fails to maintain the correction until at least the first anniversary after the date the correction was made, the commission may assess and collect an administrative penalty for the subsequent violation. An administrative penalty assessed under this subsection is equal to three times the amount of the original penalty assessed but not collected. The commission is not required to provide the facility with an opportunity under this section to correct the subsequent violation. (8207)

(d) In this section: (8208)

(1) "Actual harm" means a negative outcome that compromises the physical, mental, or emotional well-being of an elderly person or a person with a disability receiving services at a facility. (8209)

(2) "Immediate threat to the health or safety of an elderly person or a person with a disability" means a situation that causes, or is likely to cause, serious injury, harm, or impairment to or the death of an elderly person or a person with a disability receiving services at a facility. (8210)

(3) "Pattern of violation" means repeated, but not pervasive, failures of a facility to comply with this chapter or a rule, standard, or order adopted under this chapter that: (8211)

(A) result in a violation; and (8212)

(B) are found throughout the services provided by the facility or that affect or involve the same elderly persons or persons with disabilities receiving services at the facility or the same facility employees. (8213)

(4) "Widespread in scope" means a violation of this chapter or a rule, standard, or order adopted under this chapter that: (8214)

(A) is pervasive throughout the services provided by the facility; or (8215)

(B) represents a systemic failure by the facility that affects or has the potential to affect a large portion of or all of the elderly persons or persons with disabilities receiving services at the facility. (8216)

Added by Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 4.01, eff. September 1, 2011. (8217)

Added by Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 33, eff. September 1, 2011. (8218)

Amended by: (8219)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 16, eff. June 19, 2015. (8220)

Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 22, eff. September 1, 2017. (8221)

Sec. 103.014. REPORT RECOMMENDING ADMINISTRATIVE PENALTY; NOTICE. (8222)(1-click HTML)

(a) The department shall issue a preliminary report stating the facts on which the department concludes that a violation of this chapter, a rule, standard, or order adopted under this chapter, or a term of a license issued under this chapter has occurred if the department has: (8223)

(1) examined the possible violation and facts surrounding the possible violation; and (8224)

(2) concluded that a violation has occurred. (8225)

(b) The report may recommend a penalty under Section 103.012 and the amount of the penalty. (8226)

(c) The department shall give written notice of the report to the person charged with the violation not later than the 10th day after the date on which the report is issued. The notice must include: (8227)

(1) a brief summary of the charges; (8228)

(2) a statement of the amount of penalty recommended; (8229)

(3) a statement of whether the violation is subject to correction under Section 103.013 and, if the violation is subject to correction under that section, a statement of: (8230)

(A) the date on which the day activity and health services facility must file a plan of correction with the department that the department shall review and may approve, if satisfactory; and (8231)

(B) the date on which the plan of correction must be completed to avoid assessment of the penalty; and (8232)

(4) a statement that the person charged has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both. (8233)

(d) Not later than the 20th day after the date on which the notice under Subsection (c) is received, the person charged may: (8234)

(1) give to the department written notice that the person agrees with the department's report and consents to the recommended penalty; or (8235)

(2) make a written request for a hearing. (8236)

(e) If the violation is subject to correction under Section 103.013, the day activity and health services facility shall submit a plan of correction to the department for approval not later than the 10th day after the date on which the notice under Subsection (c) is received. (8237)

(f) If the violation is subject to correction under Section 103.013 and the person reports to the department that the violation has been corrected, the department shall inspect the correction or take any other step necessary to confirm the correction and shall notify the person that: (8238)

(1) the correction is satisfactory and a penalty will not be assessed; or (8239)

(2) the correction is not satisfactory and a penalty is recommended. (8240)

(g) Not later than the 20th day after the date on which a notice under Subsection (f)(2) is received, the person charged with the violation may: (8241)

(1) give to the department written notice that the person agrees with the department's report and consents to the recommended penalty; or (8242)

(2) make a written request for a hearing as provided under department rules. (8243)

(h) If the person charged with the violation consents to the penalty recommended by the department or does not timely respond to a notice sent under Subsection (c) or (f)(2), the department shall assess the recommended penalty. (8244)

(i) If the department assesses the recommended penalty, the department shall give written notice of the decision to the person charged with the violation and the person shall pay the penalty. (8245)

Added by Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 4.01, eff. September 1, 2011. (8246)

Added by Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 33, eff. September 1, 2011. (8247)

Amended by: (8248)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.372, eff. April 2, 2015. (8249)

Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 17, eff. June 19, 2015. (8250)

Sec. 103.015. ADMINISTRATIVE PENALTY HEARING. (8251)(1-click HTML)

(a) An administrative law judge shall order a hearing and give notice of the hearing if a person assessed a penalty under Section 103.013(c) requests a hearing. (8252)

(b) The hearing shall be held before an administrative law judge. (8253)

(c) The administrative law judge shall make findings of fact and conclusions of law regarding the occurrence of a violation of this chapter, a rule or order adopted under this chapter, or a term of a license issued under this chapter. (8254)

(d) Based on the findings of fact and conclusions of law, and the recommendation of the administrative law judge, the department by order shall find: (8255)

(1) a violation has occurred and assess an administrative penalty; or (8256)

(2) a violation has not occurred. (8257)

(e) Proceedings under this section are subject to Chapter 2001, Government Code. (8258)

Added by Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 4.01, eff. September 1, 2011. (8259)

Added by Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 33, eff. September 1, 2011. (8260)

Amended by: (8261)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.373, eff. April 2, 2015. (8262)

Sec. 103.016. NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY; INTEREST; REFUND. (8263)(1-click HTML)

(a) The department shall give notice of the findings made under Section 103.015(d) to the person charged with a violation. If the department finds that a violation has occurred, the department shall give to the person charged written notice of: (8264)

(1) the findings; (8265)

(2) the amount of the administrative penalty; (8266)

(3) the rate of interest payable with respect to the penalty and the date on which interest begins to accrue; and (8267)

(4) the person's right to judicial review of the department's order. (8268)

(b) Not later than the 30th day after the date on which the department's order is final, the person assessed the penalty shall: (8269)

(1) pay the full amount of the penalty; or (8270)

(2) file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. (8271)

(c) Notwithstanding Subsection (b), the department may permit the person to pay a penalty in installments. (8272)

(d) If the person does not pay the penalty within the period provided by Subsection (b) or in accordance with Subsection (c), if applicable: (8273)

(1) the penalty is subject to interest; and (8274)

(2) the department may refer the matter to the attorney general for collection of the penalty and interest. (8275)

(e) Interest under Subsection (d)(1) accrues: (8276)

(1) at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank; and (8277)

(2) for the period beginning on the day after the date on which the penalty becomes due and ending on the date the penalty is paid. (8278)

(f) If the amount of the penalty is reduced or the assessment of a penalty is not upheld on judicial review, the department shall: (8279)

(1) remit to the person charged the appropriate amount of any penalty payment plus accrued interest; or (8280)

(2) execute a release of the supersedeas bond if one has been posted. (8281)

(g) Accrued interest on the amount remitted by the department under Subsection (f)(1) shall be paid: (8282)

(1) at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank; and (8283)

(2) for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted to the person charged with the violation. (8284)

Added by Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 4.01, eff. September 1, 2011. (8285)

Added by Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 33, eff. September 1, 2011. (8286)

Amended by: (8287)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.374, eff. April 2, 2015. (8288)

CHAPTER 105. RESIDENTIAL FACILITIES FOR PERSONS WITH DISABILITIES OR WHO ARE ELDERLY (8289)(1-click HTML)

Sec. 105.001. DEFINITIONS. (8290)(1-click HTML)

In this chapter: (8291)

(1) "Establishment" means a facility providing sleeping accommodations to two or more qualifying adult residents, at least 80 percent of whom are 65 years of age or older or are persons with disabilities, and offering, for a fee, one or more supportive services through contract with an agency licensed under Chapter 142, Health and Safety Code, or with another entity. (8292)

(2) "Qualifying adult resident" means an adult resident of a facility who is not related within the second degree by consanguinity or affinity to: (8293)

(A) a person who has an ownership interest in the facility; or (8294)

(B) at least one other resident of the facility. (8295)

(3) "Supportive services" means medical services, health-related services, or personal care services as defined by Section 247.002, Health and Safety Code. (8296)

Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1, 1999. (8297)

Amended by: (8298)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.376, eff. April 2, 2015. (8299)

Sec. 105.002. EXEMPT FACILITIES. (8300)(1-click HTML)

The following facilities are exempt from the application of this chapter: (8301)

(1) housing in which all supportive services are arranged directly by the residents themselves and are provided by outside entities; (8302)

(2) nursing facilities licensed under Chapter 242, Health and Safety Code; and (8303)

(3) continuing care facilities regulated by the Texas Department of Insurance under Chapter 246, Health and Safety Code. (8304)

Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1, 1999. (8305)

Sec. 105.003. DISCLOSURE REQUIRED IN CONTRACT. (8306)(1-click HTML)

An establishment that is not required to be licensed as an assisted living facility under Chapter 247, Health and Safety Code, shall execute a contract with each of its residents that contains, in addition to other required information, the following elements: (8307)

(1) the name, street address, and mailing address of the establishment; (8308)

(2) the name and mailing address of at least one person authorized to act on behalf of the owner or owners or management agent of the establishment; (8309)

(3) a statement describing the licensure status of the establishment; (8310)

(4) the name, mailing address, and telephone number of any provider, including any individual or entity, regardless of whether licensed, providing supportive services under a contract with the establishment; (8311)

(5) the term of the contract; (8312)

(6) a description of the services to be provided that are included in the base monthly rate to be paid by the resident; (8313)

(7) a description of any additional services available for an additional fee from a provider through a contract with the establishment; (8314)

(8) a provision requiring the establishment to provide written notice of any change in fee schedules that outline the cost of additional services not later than the 31st day before the effective date of the change; (8315)

(9) a description of the process by which the contract may be modified, amended, or terminated; (8316)

(10) a description of the complaint resolution process available to residents; (8317)

(11) the name, street address, mailing address, and telephone number of the resident's designated representative, if any; (8318)

(12) a description of the billing and payment procedures and requirements; (8319)

(13) a statement ensuring the ability and right of residents to receive services from providers with whom the establishment does not have a contract; and (8320)

(14) a statement identifying the life safety and fire codes met by the building and a statement indicating whether those codes are comparable to the codes with which an assisted living facility licensed under Chapter 247, Health and Safety Code, must comply. (8321)

Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1, 1999. (8322)

  

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