Issue Date: 1997-09-01
Revised Date: 2014-05-21

Legal Cites

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 an administrative penalty 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. These penalties are collected under Revenue Object 3770.

(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

As determined by the department.

Collecting Agencies

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assurance fee will expire on 9-1-2005 unless continued by the 79th Leg., R.S. Quality assurance fee expiration date repealed by S.B. 1863, 79th Leg., R.S. Transferred to Agency 539 by H.B. 2292, 78th Leg., R.S.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 14
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