Sec. 242.074. NOTIFICATION OF CHANGE IN FINANCIAL CONDITION. (a) An institution shall notify the department of a significant change in the institution's financial position, cash flow, or results of operation that could adversely affect the institution's delivery of essential services, including nursing services, dietary services, and utilities, to residents of the institution.
(b) The department may verify the financial condition of an institution in order to identify any risk to the institution's ability to deliver essential services.
(c) A person that knowingly files false information under this section may be prosecuted under the Penal Code.
(d) The executive commissioner shall adopt rules to implement this section. The rules shall include the conditions that constitute a significant change in an institution's financial condition that are required to be reported under Subsection (a).
(e) The information obtained by the department under this section is confidential and is not subject to disclosure under Chapter 552, Government Code. The department may release the information to:
(1) the institution; or
(2) a person other than the institution if the institution consents in writing to the disclosure.
(f) A person who knowingly discloses information in violation of Subsection (e) commits an offense. An offense under this subsection is a Class A misdemeanor.
(g) The provisions in Subsection (e) relating to the confidentiality of records do not apply to:
(1) an institution whose license has been revoked or suspended; or
(2) the use of information in an administrative proceeding initiated by the department or in a judicial proceeding.
Added by Acts 1999, 76th Leg., ch. 452, Sec. 2.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0623, eff. April 2, 2015.
Last modified: September 28, 2016