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

(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)(Text)

Sec. 105.001. DEFINITIONS. (8290)(Text)

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)(Text)

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)(Text)

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)

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