Issue Date: 1997-09-01
Revised Date: 2015-04-02

Legal Cites

Object Type

Cash — Health

Origin Date

September 1, 1997 by S.B. 1248, 75th Leg., R.S.

Description

To record:

(1) License and renewal fees to establish, conduct and maintain an intermediate care facility for individuals with an intellectual disability. The fee, set by executive commissioner by rule, may not exceed $150 plus $5 for each unit of capacity or bed space. A state operated facility is not required to pay a fee. (252.034)

(2) Additional fee for the approval of an increase in bed space adopted by the executive commissioner by rule. (252.034)

(3) Late fee for an applicant who submits an application for license renewal later than the 45th day before the expiration date of a current license set by department rule. (252.034)

(4) $20 fee when a facility changes administrators. (252.010)

(5) Fee set by department for early compliance review of building plans to construct or modify a facility. (252.0375)

(6) An additional annual fee that may be collected by the department to make emergency assistance money available to a licensed facility. Fee is set by the executive commissioner by rule at $1 for each licensed unit of capacity or bed space or in amount needed to provide $10,000,000 in the Nursing and Convalescent Home Trust Fund (0992). (252.095)

(7) An additional quality assurance fee imposed on each facility in an amount needed to produce annual revenues equal to not more than 6% of facility's total annual gross receipts in Texas. (252.202, 531.078)

(8) Administrative penalties assessed on a person in violation of this chapter. The penalty for a facility with fewer than 60 beds is between $100 and $1,000 for each violation. The penalty for a facility with 60 beds or more is $100 to $5,000 for each violation. Total penalty cannot exceed $5,000 for fewer than 60 beds or $25,000 for 60 beds or more. Each day is a separate violation. Administrative penalties may not exceed 1/2 of the amount of outstanding quality assurance fees or $20,000, whichever is greater. (Collected under Revenue Object 3770). (252.065, 252.205)

(9) Civil penalties not less than $100 or more than $10,000 for each violation. (Collected under Revenue Object 3717). (252.064)

Due Date

License fees paid at time of application with renewals every two years.

Collecting Agencies

Note

(5) Added by S.B. 78, 77th Leg., R.S.

(7) Added by S.B. 1839, 77th Leg., R.S. The quality assurance fee will expire on 9-1-2005 unless continued by the 79th Leg., R.S. Quality assurance fee expiration date repealed by S.B. 1863, 79th Leg., R.S. Transferred to Agency 539 by H.B. 2292, 78th Leg., R.S. Quality assurance fee on certain waiver program services added by S.B. 1830, 79th Leg., R.S.

(8) Amended by S.B. 196, 76th Leg., R.S.

Subtitle amended from "Intermediate Care Facilities for the Mentally Retarded" by S.B. 219, 84th Leg., R.S.

USAS Values

Appropriation Year 16
USAS Title HEALTH CARE FACILITIES FEES
Receipt Category 12 – Health
Receipt Type 10 – Business/Professional Fees
Object Group 30 – Revenues
USAS Status A
Rev/Exp Category 01 – LICENSES, FEES, FINES, AND PENALTIES