Texas Health And Safety Code Title 4, Chapter 248a - Prescribed Pediatric Extended Care Centers

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 248A.001 - Definitions
  In this chapter: (1) "Basic services" includes: (A) the development, implementation, and monitoring of a comprehensive protocol of care that: (i) is provided to a...
• Texas Section 248A.0012 - Controlling Person
  (a) A person is a controlling person if the person has the ability, acting alone or in concert with others, to directly or indirectly influence,...
• Texas Section 248A.002 - Exemptions
  This chapter does not apply to: (1) a facility operated by the United States government or a federal agency; or (2) a health facility otherwise...

SUBCHAPTER B LICENSING OF CENTERS

• Texas Section 248A.003 - Conflict With Local Laws
  To the extent of any conflict between the standards adopted under this chapter and a standard required in a local, county, or municipal ordinance, this...
• Texas Section 248A.051 - License Required; Premises Restriction
  (a) A person may not own or operate a prescribed pediatric extended care center in this state unless the person holds an initial, renewal, or...
• Texas Section 248A.052 - Initial License Application; Issuance
  (a) An applicant for an initial prescribed pediatric extended care center license shall submit to the department in accordance with department rules: (1) a sworn...
• Texas Section 248A.0525 - Temporary License Procedures
  (a) An applicant for an initial license under Section 248A.052 may request, in the manner prescribed by the department and in accordance with this section,...
• Texas Section 248A.053 - Initial Or Renewal License Term; Renewal; Notification
  (a) An initial or renewal license issued under this chapter expires on the second anniversary of the date of issuance. (b) A person applying to...

SUBCHAPTER C POWERS AND DUTIES OF

• Texas Section 248A.054 - License Not Transferable Or Assignable
  A license under this chapter is issued to the license holder named on the license at the location of the premises listed on the license...
• Texas Section 248A.101 - Adoption Of Rules And Standards
  (a) The executive commissioner shall adopt rules necessary to implement this chapter. (b) To protect the health and safety of the public and ensure the...
• Texas Section 248A.102 - Inspections; Corrective Action Plan
  (a) The department may inspect a center, including its records, at reasonable times as necessary to ensure compliance with this chapter and the rules adopted...
• Texas Section 248A.103 - Fees
  (a) The executive commissioner by rule shall set fees imposed by this chapter in amounts reasonable and necessary to cover the cost of administering this...

SUBCHAPTER D CENTER REGULATION

• Texas Section 248A.104 - Commission Duties
  The commission shall designate a center licensed under this chapter as a health care services provider under the medical assistance program established under Chapter 32,...
• Texas Section 248A.151 - Admission Criteria For Minor Client; Adult Accompaniment
  (a) A center may not admit a minor client to the center unless: (1) the client is a medically dependent or technologically dependent minor; (2)...
• Texas Section 248A.152 - Restrictions On Hours, Services, And Patient Capacity
  (a) A center may not provide services to a minor for more than 12 hours in any 24-hour period. (b) A center may not provide...
• Texas Section 248A.153 - License Display
  Each center licensed under this chapter shall display the center's license in a conspicuous location readily visible to a person entering the center. Added by...
• Texas Section 248A.154 - Maintenance Of Records
  Each center shall maintain at the center the medical and other records required by this chapter and by rules adopted under this chapter. Added by...
• Texas Section 248A.155 - Complaints
  A person may file a complaint with the department against a center licensed or required to be licensed under this chapter. The department shall investigate...
• Texas Section 248A.156 - Compliance With Other Law
  (a) A center shall comply with Chapter 260A and rules adopted under that chapter. (b) An owner, center employee, or other person subject to Chapter...
• Texas Section 248A.157 - Closing Of Center
  At least 30 days before the date a center voluntarily discontinues operation, the owner or operator of the center shall inform the parent or legal...

SUBCHAPTER E GENERAL ENFORCEMENT

• Texas Section 248A.158 - Relation To Nursing Services
  Nursing services provided by a center must be a one-to-one replacement of private duty nursing or other skilled nursing services unless additional nursing services are...
• Texas Section 248A.201 - Denial, Suspension, Or Revocation Of License
  (a) The department may deny, suspend, or revoke a license issued under this chapter for: (1) a violation of this chapter or a rule or...
• Texas Section 248A.202 - Probation
  (a) If the department finds that a center is in repeated noncompliance with this chapter, rules adopted under this chapter, or a corrective action plan,...
• Texas Section 248A.203 - Emergency Suspension
  (a) The department may issue an emergency order to suspend a license issued under this chapter if the department has reasonable cause to believe that...
• Texas Section 248A.204 - Injunction
  (a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of this chapter or a rule or...
• Texas Section 248A.205 - Civil Penalty
  (a) A person who violates this chapter or a rule or standard adopted under this chapter or who fails to comply with a corrective action...

SUBCHAPTER F ADMINISTRATIVE PENALTY

• Texas Section 248A.206 - Criminal Penalty
  (a) A person commits an offense if the person knowingly establishes or operates a center without the appropriate license issued under this chapter. (b) An...
• Texas Section 248A.251 - Imposition Of Penalty
  The department may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or standard adopted or...
• Texas Section 248A.252 - Amount Of Penalty
  (a) The amount of the penalty may not exceed $500 for each violation, and each day a violation continues or occurs is a separate violation...
• Texas Section 248A.253 - Report And Notice Of Violation And Penalty
  (a) If the department initially determines that a violation occurred, the department shall give written notice of the report to the person. (b) The notice...
• Texas Section 248A.254 - Penalty To Be Paid Or Hearing Requested
  (a) Not later than the 20th day after the date the person receives the notice sent under Section 248A.253, the person in writing may: (1)...
• Texas Section 248A.255 - Hearing
  (a) If the person requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings, which shall promptly set a...
• Texas Section 248A.256 - Decision By Department
  (a) Based on the findings of fact, conclusions of law, and proposal for a decision, the department by order may: (1) find that a violation...
• Texas Section 248A.257 - Options Following Decision: Pay Or Appeal
  Not later than the 30th day after the date the order of the department imposing an administrative penalty under Section 248A.256 becomes final, the person...
• Texas Section 248A.258 - Stay Of Enforcement Of Penalty
  (a) Within the period prescribed by Section 248A.257, a person who files a petition for judicial review may: (1) stay enforcement of the penalty by:...
• Texas Section 248A.259 - Collection Of Penalty
  (a) If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected. (b) The...
• Texas Section 248A.260 - Decision By Court
  (a) If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the...
• Texas Section 248A.261 - Remittance Of Penalty And Interest
  (a) If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court,...
• Texas Section 248A.262 - Release Of Bond
  (a) If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment...
• Texas Section 248A.263 - Administrative Procedure
  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code. Added by Acts 2013, 83rd Leg., R.S.,...

Last modified: September 28, 2016