Title HR, Human Resources Code

Sec. 101A.257. INVESTIGATIONS. (a) The office shall have access to residents and shall, in accordance with commission rules, investigate and resolve complaints made by or on behalf of residents. (b) The state long-term care ombudsman shall ensure that each ombudsman designated un…

Sec. 101A.258. ACCESS TO RECORDS AND CONFIDENTIALITY. (a) The state long-term care ombudsman and representatives shall have access to patient care records of residents as provided by commission rules. Except as provided by Subsection (b), all records and information created or ob…

Sec. 101A.259. REPORTING SYSTEM. The office shall maintain a statewide ombudsman uniform reporting system to collect and analyze information relating to complaints and conditions in long-term care facilities as long as such system does not duplicate other state reporting systems.…

Sec. 101A.260. ANALYSIS OF LAWS. (a) The office shall analyze and monitor the development and implementation of federal, state, and local laws, rules, regulations, and policies relating to long-term care facilities and services and shall recommend any changes the office considers…

Sec. 101A.261. PUBLIC INFORMATION. The office shall provide information and make recommendations to public agencies, legislators, and other persons about the problems and concerns of residents. Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.…

Sec. 101A.262. REPORT. (a) The office shall prepare a report that contains: (1) information and findings relating to the problems and concerns of residents; and (2) policy, regulatory, and legislative recommendations to solve the problems, resolve the concerns, and improve the qu…

Sec. 101A.263. LIMITATION OF LIABILITY. The state long-term care ombudsman or a representative is not liable for civil damages or subject to criminal prosecution for performing official duties unless the state long-term care ombudsman or representative acts in bad faith or with a…

Sec. 101A.264. CRIMINAL PENALTY. (a) A person commits an offense if the person: (1) by act or omission, wilfully interferes or attempts to interfere with the state long-term care ombudsman or a representative attempting to perform official duties; or (2) commits or attempts to co…

Sec. 102.001. DEFINITIONS. In this chapter: (1) "Convalescent and nursing home" means an institution licensed by the Department of Aging and Disability Services under Chapter 242, Health and Safety Code. (2) "Home health services" means the provision of health service for pay or …

Sec. 102.002. PROHIBITION. (a) A person providing services to the elderly may not deny an elderly individual a right guaranteed by this chapter. (b) Each agency that licenses, registers, or certifies a person providing services shall require the person to implement and enforce th…

Sec. 102.003. RIGHTS OF THE ELDERLY. (a) An elderly individual has all the rights, benefits, responsibilities, and privileges granted by the constitution and laws of this state and the United States, except where lawfully restricted. The elderly individual has the right to be fre…

Sec. 102.004. LIST OF RIGHTS. (a) A person providing services shall provide each elderly individual with a written list of the individual's rights and responsibilities, including each provision of Section 102.003, before providing services or as soon after providing services as p…

Sec. 102.005. RIGHTS CUMULATIVE. The rights described in this chapter are cumulative of other rights or remedies to which an elderly individual may be entitled under law. Added by Acts 1997, 75th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1997.

Sec. 103.001. PURPOSE. It is the purpose of this chapter to establish programs of quality day activity and health services that will enable persons with disabilities who have medical or functional impairments and elderly persons to maintain maximum independence and to prevent pre…

Sec. 103.002. SHORT TITLE. This chapter may be cited as the Day Activity and Health Services Act. Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 6, eff. June 19, 2015.

Sec. 103.003. DEFINITIONS. In this chapter: (1) "Commission" means the Health and Human Services Commission. (1-a) "Day activity and health services facility" means a facility that provides services under a day activity and health services program on a daily or regular basis but …

Sec. 103.004. DEPARTMENT AND EXECUTIVE COMMISSIONER DUTIES. (a) The executive commissioner shall adopt rules for implementing this chapter. (b) The executive commissioner shall set standards for: (1) the health and welfare of persons attending a facility; (2) the eligibility of p…

Sec. 103.0041. LICENSE REQUIRED. (a) A person may not operate a day activity and health services facility without a license issued under this chapter. (b) A person commits an offense if the person violates Subsection (a) of this section. An offense under this subsection is a Clas…

Sec. 103.005. LICENSING DUTIES. The executive commissioner shall: (1) adopt rules for the licensing procedures for a licensed facility; and (2) set standards for the safety and sanitation requirements for a licensed facility. Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. …

Sec. 103.006. LICENSE. (a) The commission shall issue a license to operate a day activity and health services facility to a person who has met the application requirements and received approval after an on-site inspection. (b) The license expires three years from the date of its …

Sec. 103.007. LICENSE APPLICATION. (a) An applicant for a license to operate a day activity and health services facility must file an application on a form prescribed by the commission together with a license fee of $75. (b) The applicant must provide evidence of: (1) the ability…

Sec. 103.0075. EARLY COMPLIANCE REVIEW. (a) The executive commissioner by rule shall adopt a procedure under which a person proposing to construct or modify a day activity and health services facility may submit building plans to the department for review for compliance with the …

Sec. 103.008. INSPECTIONS. (a) In addition to the inspection required under Section 103.006(a), the commission: (1) shall inspect each facility every two years following the initial inspection required under Section 103.006(a); and (2) may inspect a facility at other reasonable t…

Sec. 103.009. LICENSE DENIAL, SUSPENSION, OR REVOCATION. (a) The department may deny, suspend, or revoke the license of an applicant or holder of a license who fails to comply with the rules or standards for licensing required by this chapter or has committed an act described by …

Sec. 103.0091. INJUNCTION. (a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided under this chapter if the department finds that the violation creates an immediate …

Sec. 103.0092. EMERGENCY SUSPENSION AND CLOSING ORDER. (a) If the department finds a day activity and health services facility operating in violation of the standards prescribed by this chapter and the violations create an immediate threat to the health and safety of a resident i…

Sec. 103.010. DISPOSITION OF FUNDS. (a) All fees collected under this chapter shall be deposited to the credit of the General Revenue Fund. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(91), eff. April 2, 2015. Added by Acts 1983, 68th Leg., p. 1008, ch. 235, a…

Sec. 103.011. RIGHTS OF THE ELDERLY. (a) In addition to other rights an individual attending a day activity and health services facility has as a citizen, an individual who is 55 years of age or older has the rights prescribed by Chapter 102 of this code. (b) The department shall…

Sec. 103.012. ADMINISTRATIVE PENALTY. (a) The commission may assess an administrative penalty against a person who: (1) violates this chapter, a rule, standard, or order adopted under this chapter, or a term of a license issued under this chapter; (2) makes a false statement of a…

Sec. 103.013. RIGHT TO CORRECT BEFORE IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The commission may not collect an administrative penalty from a day activity and health services facility under Section 103.012 if, not later than the 45th day after the date the facility receives not…

Sec. 103.014. REPORT RECOMMENDING ADMINISTRATIVE PENALTY; NOTICE. (a) The department shall issue a preliminary report stating the facts on which the department concludes that a violation of this chapter, a rule, standard, or order adopted under this chapter, or a term of a licens…

Sec. 103.015. ADMINISTRATIVE PENALTY HEARING. (a) An administrative law judge shall order a hearing and give notice of the hearing if a person assessed a penalty under Section 103.013(c) requests a hearing. (b) The hearing shall be held before an administrative law judge. (c) The…

Sec. 103.016. NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY; INTEREST; REFUND. (a) The department shall give notice of the findings made under Section 103.015(d) to the person charged with a violation. If the department finds that a violation has occurred, the department shall giv…

Sec. 105.001. DEFINITIONS. In this chapter: (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…

Sec. 105.002. EXEMPT FACILITIES. The following facilities are exempt from the application of this chapter: (1) housing in which all supportive services are arranged directly by the residents themselves and are provided by outside entities; (2) nursing facilities licensed under Ch…

Sec. 105.003. DISCLOSURE REQUIRED IN CONTRACT. 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 informati…

Sec. 111.001. PURPOSE. It is the policy of the State of Texas to provide rehabilitation and related services to eligible individuals with disabilities so that they may prepare for and engage in a gainful occupation or achieve maximum personal independence. Acts 1979, 66th Leg., p…

Sec. 111.002. DEFINITIONS. In this chapter: (1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(92), eff. April 2, 2015. (2) "Commissioner" means the commissioner of assistive and rehabilitative services. (2-a) "Department" means the Department of Assistive and Rehab…

Sec. 111.0161. ADVICE OF ADVISORY COMMITTEES. (a) Each advisory committee established by law or rule to advise the department under this chapter or Subchapter F, Chapter 117, shall report to and advise the commissioner and executive commissioner on the committee's activities and …

Sec. 111.018. GENERAL DUTIES OF EXECUTIVE COMMISSIONER AND COMMISSIONER RELATING TO REHABILITATION SERVICES FOR CERTAIN INDIVIDUALS WITH DISABILITIES. (a) The executive commissioner shall: (1) adopt policies and rules to effectively carry out the purposes of this chapter and Subc…

Sec. 111.019. PLANNING. The commissioner shall make long-range and intermediate plans for the scope and development of the program and make decisions regarding the allocation of resources in carrying out the plans. Acts 1979, 66th Leg., p. 2422, ch. 842, art. 1, Sec. 1, eff. Sept…

Sec. 111.0205. WORK INCENTIVES AND SUPPLEMENTAL SECURITY INCOME (SSI). The department shall employ staff at the department's central office to: (1) train counselors to understand and use work incentives in relation to services under this chapter or Subchapter F, Chapter 117; and …

Sec. 111.021. REPORTS. (a) The commissioner shall prepare and submit to the executive commissioner annual reports of activities and expenditures under this chapter and Subchapter F, Chapter 117, and, prior to each regular session of the legislature, estimates of funds required fo…

Sec. 111.022. DISBURSEMENT OF FUNDS. The department shall make certification for disbursement, in accordance with regulations, of funds available for carrying out the purposes of this chapter or Subchapter F, Chapter 117. Acts 1979, 66th Leg., p. 2422, ch. 842, art. 1, Sec. 1, ef…

Sec. 111.023. OTHER DUTIES. The executive commissioner shall take other action as necessary or appropriate to carry out the purposes of this chapter or Subchapter F, Chapter 117. Acts 1979, 66th Leg., p. 2422, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1999, 76t…

Sec. 111.0505. COMMISSIONER'S POWERS AND DUTIES; EFFECT OF CONFLICT WITH OTHER LAW. To the extent a power or duty given to the commissioner by this chapter, or another law relating to rehabilitation services for individuals with disabilities, conflicts with any of the following p…