CHAPTER 225. HEALTH PLANNING AND CAPITAL EXPENDITURE REVIEW
HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE A. FINANCING, CONSTRUCTING, AND INSPECTING HEALTH
FACILITIES
CHAPTER 225. HEALTH PLANNING AND CAPITAL EXPENDITURE REVIEW
Sec. 225.001. DEFINITIONS. In this chapter:
(1) "Capital expenditure" means an expenditure that is not an
operation or a maintenance expense under generally accepted
accounting principles.
(2) "Health care facility" means a public or private hospital,
skilled nursing facility, intermediate care facility, ambulatory
surgical facility, family planning clinic that performs
ambulatory surgical procedures, rural or urban health initiative
clinic, kidney disease treatment facility, inpatient
rehabilitation facility, and any other facility designated a
health care facility by federal law. The term does not include
the office of physicians or practitioners of the healing arts
practicing individually or in groups.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 225.002. FEDERAL LAW. A reference in this chapter to
federal law is a reference to any pertinent federal authority,
including:
(1) the National Health Planning and Resources Development Act
of 1974 (Pub. L. No. 93-641), as amended by the Health Planning
and Resources Development Amendments of 1979 (Pub. L. No. 96-79);
(2) Pub. L. Nos. 79-725, 88-164, 89-749, and 92-603; and
(3) the federal rules and regulations adopted under a law
specified by Subdivision (1) or (2).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 225.003. GOVERNOR'S DUTIES RELATING TO HEALTH PLANNING.
(a) The governor, as chief executive and planning officer of
this state, may perform the duties and functions assigned to the
governor by federal law.
(b) The governor may transfer personnel, equipment, records,
obligations, appropriations, functions, and duties of the
governor's office to another agency.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 225.004. CAPITAL EXPENDITURE REVIEW PROGRAM. (a) The
governor by executive order may establish a program to comply
with federal law to review capital expenditures made by or on
behalf of a health care facility if the governor finds that the
program is necessary to prevent the loss of federal funds.
(b) The governor may authorize the program to negotiate an
agreement on behalf of the state with the Secretary of Health and
Human Services to administer a state capital expenditure review
program under Section 1122 of the Social Security Act (42 U.S.C.
Section 1320a-1), the federal rules and regulations adopted under
that Act, or other pertinent federal authority.
(c) If necessary, the governor may use any available funds to
implement the program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 225.005. EXECUTIVE ORDER. (a) An order issued under
Section 225.004(a) must contain the governor's findings,
including a brief description of the reason for the findings.
(b) An unrescinded order issued under Section 225.004(a) that
has not expired on its own terms expires on September 1 after the
next regular legislative session that begins after the date on
which the order is issued.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.