Texas Health And Safety Code Title 4, Chapter 252 - Intermediate Care Facilities For Individuals With An Intellectual Disability

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 252.001 - Purpose
  The purpose of this chapter is to promote the public health, safety, and welfare by providing for the development, establishment, and enforcement of standards for...
• Texas Section 252.002 - Definitions
  In this chapter: (1) "Commission" means the Health and Human Services Commission. (1-a) "Commissioner" means the commissioner of aging and disability services. (2) "Department" means...
• Texas Section 252.003 - Exemptions
  Except as otherwise provided by this chapter, this chapter does not apply to: (1) an establishment that: (A) provides training, habilitation, rehabilitation, or education to...
• Texas Section 252.004 - Allocated Federal Money
  The department may accept and use any money allocated by the federal government to the department for administrative expenses. Added by Acts 1997, 75th Leg.,...
• Texas Section 252.005 - Language Requirements Prohibited
  A facility may not prohibit a resident or employee from communicating in the person's native language with another resident or employee for the purpose of...
• Texas Section 252.006 - Rights Of Residents
  Each facility shall implement and enforce Chapter 102, Human Resources Code. Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997.
• Texas Section 252.007 - Paperwork Reduction Rules
  (a) The executive commissioner shall adopt rules to reduce the amount of paperwork a facility must complete and retain. (a-1) The department shall attempt to...
• Texas Section 252.008 - Rules Generally
  The executive commissioner shall adopt rules related to the administration and implementation of this chapter. Added by Acts 1997, 75th Leg., ch. 693, Sec. 1,...
• Texas Section 252.0085 - Restraint And Seclusion
  A person providing services to a resident of a facility licensed by the department under this chapter or operated by the department and exempt under...
• Texas Section 252.009 - Consultation And Coordination
  (a) Whenever possible, the department shall: (1) use the services of and consult with state and local agencies in carrying out the department's functions under...
• Texas Section 252.010 - Change Of Administrators; Fee
  A facility that hires a new administrator or other person designated as the chief management officer for the facility shall: (1) notify the department in...

SUBCHAPTER B LICENSING, FEES, AND INSPECTIONS

• Texas Section 252.011 - Prohibition Of Remuneration
  (a) A facility may not receive monetary or other remuneration from a person or agency that furnishes services or materials to the facility or residents...
• Texas Section 252.031 - License Required
  A person or governmental unit, acting severally or jointly with any other person or governmental unit, may not establish, conduct, or maintain a facility in...
• Texas Section 252.0311 - Person Ineligible For License
  (a) In this section, "controlling person" means a person who, acting alone or with others, has the ability to directly or indirectly influence, direct, or...
• Texas Section 252.032 - License Application
  (a) An application for a license is made to the department on a form provided by the department and must be accompanied by the license...
• Texas Section 252.033 - Issuance And Renewal Of License
  (a) After receiving the application, the department shall issue a license if, after inspection and investigation, it finds that the applicant and facility meet the...
• Texas Section 252.034 - License Fees
  (a) The executive commissioner by rule may adopt a fee for a license issued under this chapter. The fee may not exceed $150 plus $5...
• Texas Section 252.035 - Denial, Suspension, Or Revocation Of License
  (a) The department, after providing notice and opportunity for a hearing to the applicant or license holder, may deny, suspend, or revoke a license if...
• Texas Section 252.036 - Minimum Standards
  (a) The executive commissioner may adopt minimum standards relating to: (1) the construction or remodeling of a facility, including plumbing, heating, lighting, ventilation, and other...
• Texas Section 252.037 - Reasonable Time To Comply
  The executive commissioner by rule shall give a facility that is in operation when a rule or standard is adopted under this chapter a reasonable...
• Texas Section 252.0375 - Early Compliance Review
  (a) The executive commissioner by rule shall adopt a procedure under which a person proposing to construct or modify a facility may submit building plans...
• Texas Section 252.038 - Fire Safety Requirements
  (a) A facility shall comply with fire safety requirements established under this section. (b) The executive commissioner by rule shall adopt the fire safety standards...
• Texas Section 252.039 - Posting
  Each facility shall prominently and conspicuously post for display in a public area of the facility that is readily available to residents, employees, and visitors:...
• Texas Section 252.040 - Inspections
  (a) The department or the department's designee may make any inspection, survey, or investigation that it considers necessary and may enter the premises of a...
• Texas Section 252.041 - Unannounced Inspections
  (a) Each licensing period, the department shall conduct at least two unannounced inspections of each facility. (b) In order to ensure continuous compliance, the department...
• Texas Section 252.042 - Disclosure Of Unannounced Inspections; Criminal Penalty
  (a) Except as expressly provided by this chapter, a person commits an offense if the person intentionally, knowingly, or recklessly discloses to an unauthorized person...
• Texas Section 252.043 - Licensing Surveys
  The department shall provide a team to conduct surveys to validate findings of licensing surveys. The purpose of a validation survey is to assure that...

SUBCHAPTER C GENERAL ENFORCEMENT

• Texas Section 252.044 - Reporting Violations
  (a) The department or the department's representative conducting an inspection, survey, or investigation under this chapter shall: (1) list each violation of a law or...
• Texas Section 252.061 - Emergency Suspension Or Closing Order
  (a) The department shall suspend a facility's license or order an immediate closing of part of the facility if: (1) the department finds the facility...
• Texas Section 252.062 - Injunction
  (a) The department may petition a district court for a temporary restraining order to restrain a person from continuing a violation of the standards prescribed...
• Texas Section 252.063 - License Requirements; Criminal Penalty
  (a) A person commits an offense if the person violates Section 252.031. (b) An offense under this section is punishable by a fine of not...
• Texas Section 252.064 - Civil Penalty
  (a) A person who violates this chapter or a rule adopted under this chapter is liable for a civil penalty of not less than $100...
• Texas Section 252.065 - Administrative Penalty
  (a) The department may assess an administrative penalty against a person who: (1) violates this chapter or a rule, standard, or order adopted or license...
• Texas Section 252.0651 - Application Of Other Law
  The department may not assess more than one monetary penalty under this chapter for a violation arising out of the same act or failure to...
• Texas Section 252.066 - Notice; Request For Hearing
  (a) If, after investigation of a possible violation and the facts surrounding that possible violation, the department determines that a violation has occurred, the department...
• Texas Section 252.067 - Hearing; Order
  (a) If the person notified under Section 252.066 requests a hearing, an administrative law judge shall set a hearing and the department shall give written...
• Texas Section 252.068 - Notice And Payment Of Administrative Penalty; Judicial Review; Refund
  (a) The department shall give notice of the order under Section 252.067(c) to the person alleged to have committed the violation and the person designated...
• Texas Section 252.069 - Use Of Administrative Penalty
  An administrative penalty collected under this subchapter may be appropriated for the purpose of funding the grant program established under Section 161.074, Human Resources Code....
• Texas Section 252.070 - Expenses And Costs For Collection Of Civil Or Administrative Penalty
  (a) If the attorney general brings an action against a person under Section 252.062 or 252.064 or to enforce an administrative penalty assessed under Section...

SUBCHAPTER D TRUSTEES FOR FACILITIES

• Texas Section 252.071 - Amelioration Of Violation
  (a) In lieu of demanding payment of an administrative penalty authorized by this subchapter, the department may allow a person subject to the penalty to...
• Texas Section 252.091 - Findings And Purpose
  (a) The legislature finds that, under some circumstances, closing a facility for a violation of a law or rule may: (1) have an adverse effect...
• Texas Section 252.092 - Appointment By Agreement
  (a) A person who holds a controlling interest in a facility may request the department to assume the operation of the facility through the appointment...
• Texas Section 252.093 - Involuntary Appointment
  (a) The department may request the attorney general to bring an action on behalf of the state for the appointment of a trustee to operate...
• Texas Section 252.094 - Fee; Release Of Money
  (a) A trustee appointed under this subchapter is entitled to a reasonable fee as determined by the court. (b) The trustee may petition the court...
• Texas Section 252.095 - Emergency Assistance Fee
  (a) In addition to the licensing and renewal fee collected under Section 252.034, the department may collect an annual fee to be used to make...
• Texas Section 252.096 - Reimbursement
  (a) A facility that receives emergency assistance money under this subchapter shall reimburse the department for the amounts received, including interest. (b) Interest on unreimbursed...
• Texas Section 252.097 - Notification Of Closure
  (a) A facility that is closing temporarily or permanently, voluntarily or involuntarily, shall notify the residents of the closing and make reasonable efforts to notify...

SUBCHAPTER E INVESTIGATIONS OF ABUSE,

• Texas Section 252.098 - Criminal Penalty For Failure To Notify
  (a) A facility commits an offense if the facility knowingly fails to comply with Section 252.097. (b) An offense under this section is a Class...
• Texas Section 252.121 - Authority To Receive Reports And Investigate
  (a) A person, including an owner or employee of a facility, who has cause to believe that a resident is being or has been subjected...
• Texas Section 252.122 - Notification Of Duty To Report Abuse, Neglect, And Exploitation
  Each facility shall require each employee of the facility, as a condition of employment with the facility, to sign a statement that the employee realizes...
• Texas Section 252.125 - Immediate Removal To Protect Resident
  Before the completion of the investigation by the Department of Family and Protective Services, the department shall file a petition for temporary care and protection...
• Texas Section 252.126 - Confidentiality; Disclosure Of Investigation Report
  (a) A report, record, or working paper used or developed in an investigation made under this subchapter is confidential and may be disclosed only as...
• Texas Section 252.132 - Suit For Retaliation
  (a) In this section, "employee" means a person who is an employee of a facility or any other person who provides services for a facility...

SUBCHAPTER F MEDICAL CARE

• Texas Section 252.133 - Suit For Retaliation Against Volunteer, Resident, Or Family Member Or Guardian Of Resident
  (a) A facility may not retaliate or discriminate against a volunteer, a resident, or a family member or guardian of a resident because the volunteer,...
• Texas Section 252.151 - Administration Of Medication
  The executive commissioner shall adopt rules relating to the administration of medication in facilities. Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff....

SUBCHAPTER G RESPITE CARE

• Texas Section 252.152 - Required Medical Examination
  (a) The department shall require each resident to be given at least one medical examination each year. (b) The executive commissioner shall specify the details...
• Texas Section 252.181 - Definitions
  In this subchapter: (1) "Plan of care" means a written description of the care, training, and treatment needed by a person during respite care. (2)...
• Texas Section 252.182 - Respite Care
  (a) A facility licensed under this chapter may provide respite care for an individual who has a diagnosis of an intellectual disability or a related...
• Texas Section 252.183 - Plan Of Care
  (a) The facility and the person arranging the care must agree on the plan of care and the plan must be filed at the facility...
• Texas Section 252.184 - Notification
  A facility that offers respite care shall notify the department in writing that it offers respite care. Added by Acts 1997, 75th Leg., ch. 693,...
• Texas Section 252.185 - Inspections
  The department, at the time of an ordinary licensing inspection or at other times determined necessary by the department, shall inspect a facility's records of...

SUBCHAPTER H QUALITY ASSURANCE FEE

• Texas Section 252.186 - Suspension
  (a) The department may require a facility to cease providing respite care if the department determines that the respite care does not meet the standards...
• Texas Section 252.201 - Definition
  In this subchapter, "gross receipts" means money paid as compensation for services provided to residents, including client participation. The term does not include charitable contributions...
• Texas Section 252.202 - Computing Quality Assurance Fee
  (a) A quality assurance fee is imposed on each facility for which a license fee must be paid under Section 252.034, on each facility owned...
• Texas Section 252.203 - Patient Days
  For each calendar day, a facility shall determine the number of patient days by adding the following: (1) the number of patients occupying a facility...
• Texas Section 252.204 - Reporting And Collection
  (a) The commission or the department at the direction of the commission shall collect the quality assurance fee. (b) Each facility shall: (1) not later...
• Texas Section 252.205 - Rules; Administrative Penalty
  (a) The executive commissioner shall adopt rules for the administration of this subchapter, including rules related to the imposition and collection of the quality assurance...
• Texas Section 252.206 - Quality Assurance Fund
  (a) The quality assurance fund is an account in the general revenue fund. Notwithstanding any other law, the comptroller shall deposit fees collected under this...
• Texas Section 252.207 - Reimbursement Of Facilities
  (a) Subject to legislative appropriation and state and federal law, the commission may use money in the quality assurance fund, together with any federal money...
• Texas Section 252.208 - Invalidity; Federal Funds
  If any portion of this subchapter is held invalid by a final order of a court that is not subject to appeal, or if the...

Last modified: September 28, 2016