Sec. 246.045. CONTENTS OF DISCLOSURE STATEMENT: THIRD PARTY MANAGEMENT. If a person, other than an individual directly employed by the provider, is to be the day-to-day manager of a facility, the disclosure statement must include:
(1) a description of the person's business experience, if any, in the operation or management of a similar facility;
(2) the name and address of any professional service, firm, association, trust, partnership, or corporation that:
(A) has in the person, or in which the person has, at least a 10 percent interest; and
(B) proposes to provide goods, leases, or services to the facility or to the residents of the facility, of an aggregate value of at least $500 in a year;
(3) a description of any goods, leases, or services under Subdivision (2), and a statement of their probable or anticipated cost to the facility, provider, or residents, or a statement that their cost cannot be estimated; and
(4) a description of any matter in which the person:
(A) has been convicted of a felony, pleaded nolo contendere to a felony charge, or has been held liable or enjoined in a civil action by final judgment, if the felony or civil action involved fraud, embezzlement, fraudulent conversion, or misappropriation of property;
(B) is subject to an injunction or restrictive order of a court of record; or
(C) has had any state or federal license or permit suspended or revoked as a result of an action brought by a governmental agency if the order or action arose out of or was related to a business activity in a health care field, including an action affecting a license to operate a foster care facility, a nursing home, a retirement home, a home for the aged, or a facility subject to this chapter or a similar statute in another state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 246 - Continuing Care Facilities
Subchapter C. Continuing Care Contracts and Disclosure Statements
Section 246.041. Precontractual Recording Requirements
Section 246.042. Delivery of Disclosure Statement
Section 246.043. Cover Page of Disclosure Statement
Section 246.044. Contents of Disclosure Statement: Provider
Section 246.045. Contents of Disclosure Statement: Third Party Management
Section 246.046. Contents of Disclosure Statement: Affiliation With Nonprofit Organization
Section 246.047. Contents of Disclosure Statement: Physical Property
Section 246.048. Contents of Disclosure Statement: Contracts and Fees
Section 246.049. Contents of Disclosure Statement: Change of Circumstances
Section 246.050. Contents of Disclosure Statement: Financial Information
Section 246.051. Contents of Disclosure Statement: Annual Income Statements
Section 246.052. Contents of Disclosure Statement: Anticipated Source and Application of Funds
Section 246.053. Standard Contract Form
Section 246.054. Annual Disclosure Statement Revision
Section 246.055. Advertisement in Conflict With Disclosures
Section 246.056. Rescission of Contract; Required Language
Section 246.057. Cancellation of Contract: Death or Incapacity Before Occupancy