Issue Date: | |
---|---|
Revised Date: | 2017-09-01 |
Legal Citations
- Health and Safety Code sec. 242.010, sec. 242.016, sec. 242.034, sec. 242.0385, sec. 242.039, sec. 242.040, sec. 242.047, sec. 242.065, sec. 242.066, sec. 242.097, sec. 242.309, sec. 242.310, sec. 242.315
- Attorney General Opinion No. CM-1193
Object Type
Cash — Health
Origin Date
1953 by the 53rd Leg.
Description
To record:
(1) Initial, renewal and change of ownership license fees not to exceed $375 per facility plus $15 for each unit of capacity or bed space. (242.034)
(2) Probationary license fees not to exceed $125 per facility plus $5 for each unit of capacity or bed space. (242.034)
(3) Background examination fees in an amount necessary to defray the commission's expenses for background examinations. (242.034)
(4) Administrative fee of $20 when an institution hires a new administrator or chief manager. (242.010)
(5) Fee set by executive commissioner by rule for early compliance review of building plans to construct or modify an institution. (242.0385)
(6) Fee set by executive commissioner by rule for certification that an institution provides special care and treatment of persons with Alzheimer's and related disorders. (242.040)
(7) An additional annual license fee charged if the amount deposited to Nursing and Convalescent Home Trust Fund (No. 0992) is less than $10 million. Fee is set at $1 for each licensed unit of capacity or in an amount needed to provide $10 million in fund. Total fees assessed in a year may not exceed $20 for each licensed unit of capacity or bed space in a facility. (242.097)
(8) Fee charged for expedited life safety code and physical plant inspection as set by executive commissioner by rule. Fees charged may be different based on the size and type of institution.(242.039)
(9) Provisional license fee for an applicant currently licensed in another jurisdiction who seeks a license in Texas set by the board in an amount to cover the cost of issuing the license. (242.309)
(10) License renewal fee expired 90 days or less is 1 1/2 times normal renewal fee. License renewal fee expired over 90 days but less than 1 year is 2 times normal renewal fee. A license expired for one year may not be renewed and the person must reapply. (242.315)
(11) A fee equal to two times the normally required renewal fee for a person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application. (242.315)
(12) Administrative penalties not to exceed $10,000 per day for each violation except violations of section 242.072(c) are not to exceed $1,000 per day. (242.066) Administrative penalties imposed as sanctions are not to exceed $1,000 per day. (242.315) (Collected under Revenue Object 3770)
(13) Civil penalties not less than $1,000 or more than $20,000 for each violation. (Collected under Revenue Object 3717). (242.064)
Due Date
Every 3 years. Other fees, as determined by executive commissioner.
Collecting Agencies
Deposit Funds
Note
Previously administered by the Department of Health (501) and the Board of Licensure for Nursing Home Administrators (524).
Amended by S.B. 541, 67th Leg., R.S., effective 6-8-81.
(1) amended by S.B. 288, 68th Leg., R.S.
(4) amended by S.B. 288, 68th Leg., R.S.
Training fees added by H.B. 593, 69th Leg., R.S., effective 9-1-85.
(6) and (7) added by H.B. 2136, 71st Leg., R.S.
Amended by S.B. 674, 73rd Leg., R.S.
Previously deposited to the Licensed Nursing Facility Administrators Fund Account (0137), abolished August 31, 1995 per § 403.094, Government Code.
S.B. 190, 75th Leg., R.S. added Health and Safety sec. 242.016 and item (3). S.B. 190 amended (1) and (12).
(9) added by S.B. 84, 75th Leg., R.S.
(2) added by S.B. 19, 76th Leg., R.S.
(7) amended by H.B. 2909, 76th Leg., R.S.
(9), (10) and (11) amended by S.B. 374, 76th Leg., R.S.
(5) added by S.B. 38, 77th Leg., R.S.
Transferred from Department of Human Services (324) to Department of Aging and Disability Services (539) by H.B. 2292, 78th Leg., R.S.
(8) Added by H.B. 2972, 81st Leg., R.S.
H.B. 3196, 83rd. Leg., R.S. increased license fees (1) from $250 to $375 and increased the fee per unit of capacity or bed space from $10 to $15.
Subtitle amended from "Convalescent and Nursing Home" by S.B. 219, 84th Leg., R.S.
S.B. 200, 84th Leg., R.S. abolished Department of Aging and Disability Services (539) and transferred programs to the Health and Human Services Commission (529) effective 9/1/17.
Amended by H.B. 2025, 85th Leg., R.S.
USAS Values
Appropriation Year | 25 |
---|---|
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 |