Title HS, Health and Safety Code

Sec. 241.182. LEVEL OF CARE DESIGNATIONS. (a) The executive commissioner, in accordance with the rules adopted under Section 241.183, shall assign level of care designations to each hospital based on the neonatal and maternal services provided at the hospital. (b) A hospital may …

Sec. 241.183. RULES. (a) The executive commissioner, in consultation with the department, shall adopt rules: (1) establishing the levels of care for neonatal and maternal care to be assigned to hospitals; (2) prescribing criteria for designating levels of neonatal and maternal ca…

Sec. 241.1835. USE OF TELEMEDICINE MEDICAL SERVICES. (a) In this section, "telemedicine medical service" has the meaning assigned by Section 111.001, Occupations Code. (b) The rules adopted under Section 241.183 must allow the use of telemedicine medical services by a physician p…

Sec. 241.1836. APPEAL PROCESS. (a) The rules adopted under Section 241.183 establishing level of care designations for hospitals must allow a hospital to appeal a level of care designation to a three-person panel that includes: (1) a representative of the department; (2) a repres…

Sec. 241.1837. PATIENT SAFETY PRACTICES REGARDING PLACENTA ACCRETA SPECTRUM DISORDER. (a) In this section: (1) "Placenta accreta spectrum disorder" includes placenta accreta, placenta increta, and placenta percreta. (2) "Telemedicine medical service" has the meaning assigned by S…

Sec. 241.184. CONFIDENTIALITY; PRIVILEGE. (a) All information and materials submitted by a hospital to the department under Section 241.183(d) are confidential and: (1) are not subject to disclosure under Chapter 552, Government Code, or discovery, subpoena, or other means of leg…

Sec. 241.185. ASSIGNMENT OF LEVEL OF CARE DESIGNATION. (a) The executive commissioner, in consultation with the department, shall assign the appropriate level of care designation to each hospital that meets the minimum standards for that level of care. The executive commissioner …

Sec. 241.186. HOSPITAL NOT DESIGNATED. A hospital that does not meet the minimum requirements for any level of care designation for neonatal or maternal services: (1) may not receive a level of care designation for those services; and (2) is not eligible to receive reimbursement …

Sec. 241.1865. WAIVER FROM LEVEL OF CARE DESIGNATION REQUIREMENTS; CONDITIONAL DESIGNATION. (a) The department shall develop and implement a process through which a hospital may request and enter into an agreement with the department to: (1) receive or maintain a level of care de…

Sec. 241.187. PERINATAL ADVISORY COUNCIL. (a) In this section, "advisory council" means the Perinatal Advisory Council established under this section. (b) The advisory council consists of 19 members appointed by the executive commissioner as follows: (1) four physicians licensed …

Sec. 241.201. APPLICABILITY. This subchapter applies only to a freestanding emergency medical care facility, as that term is defined by Section 254.001, that is exempt from the licensing requirements of Chapter 254 under Section 254.052(7) or (8). Added by Acts 2013, 83rd Leg., R…

Sec. 241.202. ADVERTISING. A facility described by Section 241.201: (1) may not advertise or hold itself out as a medical office, facility, or provider other than an emergency room if the facility charges for its services the usual and customary rate charged for the same service …

Sec. 241.204. ADMINISTRATIVE PENALTY. The department may assess an administrative penalty under Section 241.059 against a hospital that violates this subchapter. Added by Acts 2013, 83rd Leg., R.S., Ch. 917 (H.B. 1376), Sec. 1, eff. September 1, 2013. Amended by: Acts 2015, 84th …

Sec. 241.205. DISCLOSURE STATEMENT REQUIRED. A facility described by Section 241.201 shall comply with Section 254.156. Added by Acts 2019, 86th Leg., R.S., Ch. 1093 (H.B. 2041), Sec. 3, eff. September 1, 2019. SUBCHAPTER I-1. PRICES AND FEES CHARGED BY FREESTANDING EMERGENCY MED…

Sec. 241.221. APPLICABILITY. (a) This subchapter applies only to a freestanding emergency medical care facility, as that term is defined by Section 254.001, that is: (1) exempt from the licensing requirements of Chapter 254 under Section 254.052(5), (7), or (8); and (2) associate…

Sec. 241.222. CERTAIN FEES PROHIBITED. (a) A facility described by Section 241.221 that provides a health care service, including testing or vaccination, to an individual accessing the service from the individual's vehicle may not charge the individual or a third-party payor a fa…

Sec. 241.223. DISCLOSURE OF CERTAIN PRICES AND FEES DURING DECLARED DISASTER; CONSTRUCTION. (a) A facility described by Section 241.221 that provides testing or vaccination for an infectious disease for which a state of disaster has been declared under Chapter 418, Government Cod…

Sec. 241.224. PROHIBITED PRICING PRACTICES DURING DECLARED STATE OF DISASTER. (a) In this section, "unconscionable price" means a price that is more than 200 percent of the average price for the same or a substantially similar product or service provided to other individuals by h…

Sec. 241.225. ENFORCEMENT. Notwithstanding any conflicting provision in this subchapter and except for good cause shown, the commission shall impose the following penalty on a person licensed under this chapter who violates Section 241.224 or a rule adopted under that section: (1…

Sec. 241.251. APPLICABILITY. This subchapter applies only to a freestanding emergency medical care facility, as that term is defined by Section 254.001, that is exempt from the licensing requirements of Chapter 254 under Section 254.052(8). Added by Acts 2015, 84th Leg., R.S., Ch…

Sec. 241.252. NOTICE OF FEES. (a) In this section, "provider network" has the meaning assigned by Section 1456.001, Insurance Code. (b) A facility described by Section 241.251 shall post notice that: (1) states: (A) the facility is a freestanding emergency medical care facility; …

Sec. 241.301. DEFINITION. In this subchapter, "limited services rural hospital" means a general or special hospital that is or was licensed under this chapter and that: (1) is: (A) located in a rural area, as defined by: (i) commission rule; or (ii) 42 U.S.C. Section 1395ww(d)(2)…

Sec. 241.302. LICENSE REQUIRED. (a) A person may not establish, conduct, or maintain a limited services rural hospital unless: (1) the United States Congress passes a bill creating a payment program specifically for limited services rural hospitals or similarly designated hospita…

Sec. 241.303. LICENSING FEE. (a) The executive commissioner by rule shall establish and the commission shall collect a fee for issuing and renewing a license under this subchapter that is in an amount reasonable and necessary to cover the costs of administering and enforcing this…

Sec. 241.351. DEFINITION. In this subchapter, "children's isolation unit" means an isolation unit in a hospital licensed under this chapter that is designed to provide health care services to children with highly contagious infectious diseases. Added by Acts 2021, 87th Leg., R.S.…

Sec. 241.352. LIMITATION ON CIVIL LIABILITY OF CHILDREN'S ISOLATION UNIT. A children's isolation unit that has instituted isolation protocols is not liable for any claim, damage, or loss arising from the provision of health care services to children with highly contagious disease…

Sec. 241.401. DEFINITIONS. In this subchapter: (1) "Acute hospital care at home waiver program" means: (A) the program established by the Centers for Medicare and Medicaid Services under 42 U.S.C. Section 1320b-5 that waives the requirements of 42 C.F.R. Sections 482.23(b) and (b…

Sec. 241.402. APPROVAL REQUIRED. A hospital may not operate a hospital at home program unless the hospital is approved to operate the program by: (1) the Centers for Medicare and Medicaid Services; and (2) the commission under this subchapter. Added by Acts 2023, 88th Leg., R.S.,…

Sec. 241.403. MINIMUM STANDARDS. (a) The executive commissioner shall adopt rules establishing minimum standards for the operation of a hospital at home program by a hospital. (b) The standards established under Subsection (a) must be at least as stringent as the standards establ…

Sec. 241.404. APPLICATION; APPROVAL. (a) An applicant for approval to operate a hospital at home program under this subchapter must: (1) submit an application to the commission in the form and manner prescribed by the commission; and (2) pay a fee in the amount set by the commiss…

Sec. 241.405. FEE. (a) The commission may establish a fee to be assessed for the consideration of an application submitted under this subchapter. (b) The commission must set the fee in an amount that is reasonable and necessary to cover the costs of administering this subchapter.…

Sec. 241.406. WAIVER OF REQUIREMENTS. (a) The commission by order may waive or modify a requirement of a particular provision of this subchapter or a standard established under this subchapter if the commission determines that the waiver or modification: (1) will facilitate a hos…