Issue Date: | 1997-09-01 |
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Revised Date: | 2005-09-01 |
Legal Cites
- Government Code sec. 531.078
- Health and Safety Code sec. 252.034, sec. 252.0375, sec. 252.202
Object Type
Cash — Health
Origin Date
September 1, 1997 by S.B. 1248, 75th Leg., R.S.
Description
(1) A person or governmental unit may not establish, conduct or maintain an intermediate care facility for the mentally retarded in this state without a license. Application and renewal fees $150 plus $5 for each unit of capacity or bed space. A state operated facility is not required to pay a fee. A facility that charges administrators shall pay a $20 fee.
(2) Department may also collect an annual fee to be used to make emergency assistance money available to a licensed facility.
(3) A person in violation of this chapter for a facility with fewer than 60 beds is liable for a civil penalty of NLT $100 or more than $1,000 for each violation. The penalty for a facility with 60 beds or more is NLT $100 or more than $5,000 for each violation. Total NTE to $5,000 for fewer than 60 beds or $25,000 for 60 beds or more. Each day is a separate violation.
(4) Fee set by department in a reasonable amount for review of building plans to construct or modify a facility.
(5) A quality assurance fee is imposed on each facility in an amount needed to produce annual revenues equal to NMT 6% of facility's total annual gross receipts.
(6) A quality assurance fee on persons providing services under a home and community services waiver or a community living assistance and support services waiver.
Due Date
Collecting Agencies
- 529 – Health and Human Services Commission (5) (formerly Texas Department of Mental Health and Mental Retardation, Agency 655)
- 539 – Department of Aging and Disability Services (formerly Texas Department of Human Services, Agency 324)
Deposit Funds
Note
Amended by S.B. 196, 76th Leg., R.S.
(4) Added by S.B. 78, 77th Leg., R.S.
(5) 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assurance fee will expire on 9-1-2005 unless continued by the 79th Leg., R.S. Quality assurance fee expiration date repealed by S.B. 1863, 79th Leg., R.S. Transferred to Agency 539 by H.B. 2292, 78th Leg., R.S.
(6) Added by S.B. 1830, 79th Leg., R.S.
USAS Values
Appropriation Year | 13 |
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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 |