Sec. 242.097. ADDITIONAL LICENSE FEE--NURSING AND CONVALESCENT HOMES. (a) In addition to the license fee provided by Section 242.034, the executive commissioner by rule shall adopt an annual fee to be collected by the department if the amount of the nursing and convalescent home trust fund is less than $10,000,000. The fee shall be deposited to the credit of the nursing and convalescent home trust fund created by this subchapter.
(b) The department may charge and collect a fee under this section more than once each year only if necessary to ensure that the amount in the nursing and convalescent home trust fund is sufficient to make the disbursements required under Section 242.096. If the department makes a second or subsequent assessment under this subsection in any year, the department shall notify the governor and the members of the Legislative Budget Board.
(c) The executive commissioner shall set the fee for each nursing and convalescent home at $1 for each licensed unit of capacity or bed space in that home or in an amount necessary to provide not more than $10,000,000 in the fund. The total fees assessed in a year may not exceed $20 for each licensed unit of capacity or bed space in a home.
(d) This section does not apply to a veterans home as defined by Section 164.002, Natural Resources Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.21, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1019, Sec. 2, eff. Aug. 30, 1999; Acts 2001, 77th Leg., ch. 723, Sec. 2, eff. June 13, 2001; Acts 2001, 77th Leg., ch; 1248, Sec. 16, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 166, Sec. 2, eff. May 27, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0627, eff. April 2, 2015.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 242 - Convalescent and Nursing Facilities and Related Institutions
Subchapter D. Trustees for Nursing or Convalescent Homes
Section 242.091. Findings and Purpose
Section 242.093. Appointment by Agreement
Section 242.094. Involuntary Appointment
Section 242.0945. Qualifications of Trustees
Section 242.0946. Nepotism Prohibition
Section 242.095. Fee; Release of Funds
Section 242.096. Nursing and Convalescent Home Trust Fund and Emergency Assistance Funds
Section 242.0965. Assisted Living Facility Trust Fund and Emergency Assistance Funds
Section 242.097. Additional License Fee--Nursing and Convalescent Homes
Section 242.0975. Additional License Fee--Assisted Living Facilities
Section 242.098. Reimbursement
Section 242.099. Applicability of Other Law
Section 242.100. Notification of Closing