CHAPTER 251. END STAGE RENAL DISEASE FACILITIES
HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE B. LICENSING OF HEALTH FACILITIES
CHAPTER 251. END STAGE RENAL DISEASE FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 251.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Health.
(2) "Commissioner" means the commissioner of public health.
(3) "Department" means the Texas Department of Health.
(4) "Dialysis" means a process by which dissolved substances are
removed from a patient's body by diffusion from one fluid
compartment to another across a semipermeable membrane.
(5) "Dialysis technician" means an individual who is not a
registered nurse or physician and who provides dialysis care
under the supervision of a registered nurse or physician.
(6) "End stage renal disease" means that stage of renal
impairment that appears irreversible and permanent and that
requires a regular course of dialysis or kidney transplantation
to maintain life.
(7) "End stage renal disease facility" means a facility that
provides dialysis treatment or dialysis training to individuals
with end stage renal disease.
(8) "Medical review board" means a medical review board that:
(A) is appointed by a renal disease network organization which
includes this state; and
(B) has a contract with the Health Care Financing Administration
of the United States Department of Health and Human Services
under Section 1881, Title XVIII, Social Security Act (42 U.S.C.
Section 1395rr).
(9) "Physician" means an individual who is licensed to practice
medicine under Subtitle B, Title 3, Occupations Code.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.790,
eff. Sept. 1, 2001.
Sec. 251.002. FEES. (a) The board shall set fees imposed by
this chapter in amounts reasonable and necessary to defray the
cost of administering this chapter.
(b) In setting fees under this section, the board shall consider
setting a range of license and renewal fees based on the number
of dialysis stations at each end stage renal disease facility and
the patient census.
(c) An end stage renal disease facility owned or operated by a
state agency is not required to pay fees imposed under this
chapter.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1995.
Sec. 251.003. ADOPTION OF RULES. The board shall adopt rules to
implement this chapter, including requirements for the issuance,
renewal, denial, suspension, and revocation of a license to
operate an end stage renal disease facility.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER B. LICENSING OF END STAGE RENAL DISEASE FACILITIES
Sec. 251.011. LICENSE REQUIRED. Except as provided by Section
251.012, a person may not operate an end stage renal disease
facility without a license issued under this chapter.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1996.
Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The
following facilities are not required to be licensed under this
chapter:
(1) a home and community support services agency licensed under
Chapter 142 with a home dialysis designation;
(2) a hospital licensed under Chapter 241 that provides dialysis
only to:
(A) individuals receiving inpatient services from the hospital;
or
(B) individuals receiving outpatient services due to a disaster
declared by the governor or a federal disaster declared by the
president of the United States occurring in this state or another
state during the term of the disaster declaration; or
(3) the office of a physician unless the office is used
primarily as an end stage renal disease facility.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1280, Sec. 3.02, eff. September 1, 2009.
Sec. 251.013. ISSUANCE AND RENEWAL OF LICENSE. (a) An
applicant for a license under this chapter must submit an
application to the department on a form prescribed by the board.
(b) Each application must be accompanied by a nonrefundable
license fee.
(c) Each application must contain evidence that there is at
least one qualified physician on the staff of the facility and
that each dialysis technician on staff has completed the training
program required by this chapter.
(d) The department may grant a temporary initial license to an
applicant. The temporary initial license expires on the earlier
of:
(1) the date the department issues or denies the license; or
(2) the date six months after the date the temporary initial
license was issued.
(e) The department shall issue a license if, after inspection
and investigation, it finds the applicant meets the requirements
of this chapter and the standards adopted under this chapter.
(f) The license is renewable annually after submission of:
(1) the renewal application and fee; and
(2) an annual report on a form prescribed by the board.
(g) The annual report required under Subsection (f) must include
information related to the quality of care at the end stage renal
disease facility. The report must be in the form and documented
by evidence as required by board rule.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1995.
Sec. 251.014. MINIMUM STANDARDS. (a) The rules adopted under
Section 251.003 must contain minimum standards to protect the
health and safety of a patient of an end stage renal disease
facility, including standards for:
(1) the qualifications and supervision of the professional
staff, including physicians, and other personnel;
(2) the equipment used by the facility is compatible with the
health and safety of the patients;
(3) the sanitary and hygienic conditions in the facility;
(4) quality assurance for patient care;
(5) the provision and coordination of treatment and services by
the facility;
(6) clinical records maintained by the facility;
(7) design and space requirements for the facility for safe
access by patients and personnel and for ensuring patient
privacy;
(8) indicators of the quality of care provided by the facility;
and
(9) water treatment and reuse by the facility.
(b) The standards described in Subsection (a)(7) of this section
shall apply only:
(1) to a facility which initiates the provision of end stage
renal disease services on or after September 1, 1996; or
(2) to the area of a facility affected by design and space
modifications or renovations completed after September 1, 1996.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1995.
Sec. 251.015. MEDICAL REVIEW BOARD. (a) A medical review board
shall advise the board on minimum standards and rules to be
adopted under this chapter.
(b) The medical review board shall review the information on
quality of care provided in the annual report filed under Section
251.013(f) and other appropriate information provided to or
compiled by the department with respect to an end stage renal
disease facility. Based on the review, the medical review board
may advise the department about the quality of care provided by a
facility and recommend an appropriate corrective action plan
under Section 251.061 or other enforcement proceedings against
the facility.
(c) Information concerning quality of care provided to or
compiled by the department or medical review board and a
recommendation of the medical review board are confidential. The
information or recommendation may not be made available for
public inspection, is not subject to disclosure under Chapter
552, Government Code, and is not subject to discovery, subpoena,
or other compulsory legal process.
(d) The department, in its discretion, may release to a facility
information relating to that facility that is made confidential
under Subsection (c). Release of information to a facility under
this subsection does not waive the confidentiality of that
information or the privilege from compulsory legal process.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER C. DIALYSIS TECHNICIANS
Sec. 251.031. TRAINING REQUIRED. An individual may not act as a
dialysis technician employed by or working in an end stage renal
disease facility unless that individual is trained and competent
under this subchapter.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1996.
Sec. 251.032. MINIMUM REQUIREMENTS; TRAINING. The rules adopted
by the board under Section 251.003 shall establish:
(1) minimum standards for the curricula and instructors used to
train individuals to act as dialysis technicians;
(2) minimum standards for the determination of the competency of
individuals who have been trained as dialysis technicians;
(3) minimum requirements for documentation that an individual
has been trained and determined to be competent as a dialysis
technician and the acceptance of that documentation by another
end stage renal disease facility that may later employ the
individual; and
(4) the acts and practices that are allowed or prohibited for
dialysis technicians.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER D. INSPECTIONS
Sec. 251.051. INSPECTIONS. (a) The department may conduct an
inspection of an end stage renal disease facility to verify
compliance with this chapter, rules adopted under this chapter,
or a corrective action plan under Section 251.061.
(b) An inspection conducted under this section may be
unannounced.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1995.
Sec. 251.052. DISCLOSURE OF UNANNOUNCED INSPECTION; CRIMINAL
PENALTY. (a) A person commits an offense if the person
intentionally, knowingly, or recklessly discloses to an
unauthorized person the date or time of or any other fact about
an unannounced inspection of an end stage renal disease facility
before the inspection occurs.
(b) In this section, "unauthorized person" does not include:
(1) the department;
(2) the office of the attorney general; or
(3) any other person authorized by law to make an inspection or
to accompany an inspector.
(c) An offense under this section is a Class B misdemeanor.
(d) A person convicted under this section is not eligible for
state employment.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER E. ENFORCEMENT
Sec. 251.061. CORRECTIVE ACTION PLAN. (a) The department may
use a corrective action plan as an alternative to enforcement
action under this subchapter.
(b) Before taking enforcement action under this subchapter, the
department shall consider whether the use of a corrective action
plan under this section is appropriate. In determining whether to
use a corrective action plan, the department shall consider
whether:
(1) the end stage renal disease facility has violated this
chapter or a rule adopted under this chapter and the violation
has resulted in an adverse patient result;
(2) the facility has a previous history of lack of compliance
with this chapter, rules adopted under this chapter, or a
corrective action plan; or
(3) the facility fails to agree to a corrective action plan.
(c) The department may use a level one, level two, or level
three corrective action plan, as determined by the department in
accordance with this section, after inspection of the end stage
renal disease facility.
(d) A level one corrective action plan is appropriate if the
department finds that the end stage renal disease facility is not
in compliance with this chapter or rules adopted under this
chapter, but the circumstances are not serious or
life-threatening. Under a level one corrective action plan, the
department shall require the facility to develop and implement a
corrective action plan approved by the department. The department
or a monitor may supervise the implementation of the plan.
(e) A level two corrective action plan is appropriate if the
department finds that the end stage renal disease facility is not
in compliance with this chapter or rules adopted under this
chapter and the circumstances are potentially serious or
life-threatening or if the department finds that the facility
failed to implement or comply with a level one corrective action
plan. Under a level two corrective action plan, the department
shall require the facility to develop and implement a corrective
action plan approved by the department. The department or a
monitor shall supervise the implementation of the plan.
Supervision of the implementation of the plan may include on-site
supervision, observation, and direction.
(f) A level three corrective action plan is appropriate if the
department finds that the end stage renal disease facility is not
in compliance with this chapter or rules adopted under this
chapter and the circumstances are serious or life-threatening or
if the department finds that the facility failed to comply with a
level two corrective action plan or to cooperate with the
department in connection with that plan. Under a level three
corrective action plan, the department shall require the facility
to develop and implement a corrective action plan approved by the
department. In connection with requiring a level three corrective
action plan, the department may seek the appointment of a
temporary manager under Subchapter F.
(g) A corrective action plan is not confidential. Information
contained in the plan may be excepted from required disclosure
under Chapter 552, Government Code, in accordance with that
chapter or other applicable law.
(h) The department shall select the monitor for a corrective
action plan. The monitor shall be an individual or team of
individuals and may include a professional with end stage renal
disease experience or a member of the medical review board. The
monitor may not be or include individuals who are current or
former employees of the facility that is the subject of the
corrective action plan or of an affiliated facility. The purpose
of the monitor is to observe, supervise, consult, and educate the
facility and the employees of the facility under a corrective
action plan. The facility shall pay the cost of the monitor.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1996.
Sec. 251.062. DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF
LICENSE. (a) The department may deny, suspend, or revoke a
license issued under this chapter for a violation of this chapter
or a rule adopted under this chapter.
(b) The denial, suspension, or revocation of a license by the
department and the appeal from that action are governed by the
procedures for a contested case hearing under Chapter 2001,
Government Code.
(c) If the department finds that an end stage renal disease
facility is in repeated noncompliance with this chapter or rules
adopted under this chapter but that the noncompliance does not
endanger public health and safety, the department may schedule
the facility for probation rather than suspending or revoking the
facility's license. The department shall provide notice to the
facility of the probation and of the items of noncompliance not
later than the 10th day before the date the probation period
begins. The department shall designate a period of not less than
30 days during which the facility will remain under probation.
During the probation period, the facility must correct the items
that were in noncompliance and report the corrections to the
department for approval.
(d) The department may suspend or revoke the license of an end
stage renal disease facility that does not correct items that
were in noncompliance or that does not comply with this chapter
or the rules adopted under this chapter within the applicable
probation period.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1996. Amended by Acts 2003, 78th Leg., ch. 802, Sec. 11, 12, eff.
June 20, 2003.
Sec. 251.0621. EMERGENCY SUSPENSION. The department may issue
an emergency order to suspend a license issued under this chapter
if the department has reasonable cause to believe that the
conduct of a license holder creates an immediate danger to the
public health and safety. An emergency suspension is effective
immediately without a hearing on notice to the license holder. On
written request of the license holder, the department shall
conduct a hearing not earlier than the 10th day or later than the
30th day after the date the hearing request is received to
determine if the emergency suspension is to be continued,
modified, or rescinded. The hearing and any appeal are governed
by the department's rules for a contested case hearing and
Chapter 2001, Government Code.
Added by Acts 2003, 78th Leg., ch. 802, Sec. 13, eff. June 20,
2003.
Sec. 251.063. INJUNCTION. (a) The department may petition a
district court for a temporary restraining order to restrain a
continuing violation of this chapter or a rule adopted under this
chapter if the department finds that the violation creates an
immediate threat to the health and safety of patients of an end
stage renal disease facility.
(b) A district court, on petition of the department and on a
finding that a person is violating this chapter or a rule adopted
under this chapter, may by injunction:
(1) prohibit a person from continuing the violation;
(2) restrain or prevent the operation of an end stage renal
disease facility without a license issued under this chapter; or
(3) grant other injunctive relief warranted by the facts.
(c) The attorney general may institute and conduct a suit
authorized by this section at the request of the department.
(d) Venue for a suit brought under this section is in the county
in which the end stage renal disease facility is located or in
Travis County.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1996.
Sec. 251.064. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates Section 251.011 or 251.031.
(b) An offense under this section is a Class C misdemeanor.
(c) Each day of a continuing violation constitutes a separate
offense.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1996.
Sec. 251.065. CIVIL PENALTY. (a) A person who knowingly
violates this chapter or who knowingly fails to comply with a
rule adopted under this chapter is liable for a civil penalty of
not more than $1,000 for each violation if the department finds
that the violation threatens the health and safety of a patient
of an end stage renal disease facility.
(b) Each day of a continuing violation constitutes a separate
ground for recovery.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1996.
Sec. 251.066. ADMINISTRATIVE PENALTY. (a) The department may
assess an administrative penalty against a person who violates
this chapter or a rule adopted under this chapter.
(b) The penalty may not exceed $1,000 for each violation. Each
day of a continuing violation constitutes a separate violation.
(c) In determining the amount of an administrative penalty
assessed under this section, the department shall consider:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
(4) efforts made to correct the violation; and
(5) any other matters that justice may require.
(d) All proceedings for the assessment of an administrative
penalty under this chapter are subject to Chapter 2001,
Government Code.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1996.
Sec. 251.067. REPORT RECOMMENDING ADMINISTRATIVE PENALTY. (a)
If after investigation of a possible violation and the facts
surrounding that possible violation the department determines
that a violation has occurred, the department shall give written
notice of the violation to the person alleged to have committed
the violation. The notice shall include:
(1) a brief summary of the alleged violation;
(2) a statement of the amount of the proposed penalty, based on
the factors listed in Section 251.066(c); and
(3) a statement of the person's right to a hearing on the
occurrence of the violation, the amount of the penalty, or both
the occurrence of the violation and the amount of the penalty.
(b) Not later than the 20th day after the date the notice is
received, the person notified may accept the determination of the
department made under this section, including the recommended
penalty, or make a written request for a hearing on that
determination.
(c) If the person notified of the violation accepts the
determination of the department, the commissioner or the
commissioner's designee shall issue an order approving the
determination and ordering that the person pay the recommended
penalty.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1996.
Sec. 251.068. HEARING; ORDER. (a) If the person notified fails
to respond in a timely manner to the notice under Section
251.067(b) or if the person requests a hearing, the commissioner
or the commissioner's designee shall:
(1) set a hearing;
(2) give written notice of the hearing to the person; and
(3) designate a hearings examiner to conduct the hearing.
(b) The hearings examiner shall make findings of fact and
conclusions of law and shall promptly issue to the commissioner a
proposal for decision as to the occurrence of the violation and a
recommendation as to the amount of the proposed penalty if a
penalty is determined to be warranted.
(c) Based on the findings of fact and conclusions of law and the
recommendations of the hearings examiner, the commissioner by
order may find that a violation has occurred and may assess a
penalty, or may find that no violation has occurred.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1996.
Sec. 251.069. NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY;
JUDICIAL REVIEW; REFUND. (a) The commissioner or the
commissioner's designee shall give notice of the commissioner's
order under Section 251.068(c) to the person notified. The notice
must include:
(1) separate statements of the findings of fact and conclusions
of law;
(2) the amount of any penalty assessed; and
(3) a statement of the right of the person to judicial review of
the commissioner's order.
(b) Not later than the 30th day after the date the decision is
final as provided by Chapter 2001, Government Code, the person
shall:
(1) pay the penalty in full;
(2) pay the amount of the penalty and file a petition for
judicial review contesting the occurrence of the violation, the
amount of the penalty, or both the occurrence of the violation
and the amount of the penalty; or
(3) without paying the amount of the penalty, file a petition
for judicial review contesting the occurrence of the violation,
the amount of the penalty, or both the occurrence of the
violation and the amount of the penalty.
(c) Within the 30-day period, a person who acts under Subsection
(b)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the amount of the penalty to the court for placement
in an escrow account; or
(B) giving to the court a supersedeas bond that is approved by
the court for the amount of the penalty and that is effective
until all judicial review of the board's order is final; or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court a sworn affidavit of the person
stating that the person is financially unable to pay the amount
of the penalty and is financially unable to give the supersedeas
bond; and
(B) giving a copy of the affidavit to the department by
certified mail.
(d) If the department receives a copy of an affidavit under
Subsection (c)(2), the department may file with the court, within
five days after the date the copy is received, a contest to the
affidavit. The court shall hold a hearing on the facts alleged in
the affidavit as soon as practicable and shall stay the
enforcement of the penalty on finding that the alleged facts are
true. The person who files an affidavit has the burden of proving
that the person is financially unable to pay the amount of the
penalty and to give a supersedeas bond.
(e) If the person does not pay the amount of the penalty and the
enforcement of the penalty is not stayed, the department may
refer the matter to the attorney general for collection of the
amount of the penalty.
(f) Judicial review of the order of the board:
(1) is instituted by filing a petition as provided by Subchapter
G, Chapter 2001, Government Code; and
(2) is under the substantial evidence rule.
(g) If the court sustains the occurrence of the violation, the
court may uphold or reduce the amount of the penalty and order
the person to pay the full or reduced amount of the penalty. If
the court does not sustain the occurrence of the violation, the
court shall order that no penalty is owed.
(h) When the judgment of the court becomes final, the court
shall proceed under this subsection. If the person paid the
amount of the penalty and if that amount is reduced or is not
upheld by the court, the court shall order that the appropriate
amount plus accrued interest be remitted to the person. The rate
of the interest is the rate charged on loans to depository
institutions by the New York Federal Reserve Bank, and the
interest shall be paid for the period beginning on the date the
penalty was paid and ending on the date the penalty is remitted.
If the person gave a supersedeas bond and if the amount of the
penalty is not upheld by the court, the court shall order the
release of the bond. If the person gave a supersedeas bond and if
the amount of the penalty is reduced, the court shall order the
release of the bond after the person pays the amount.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1996.
Sec. 251.070. PENALTY DEPOSITED TO STATE TREASURY. A civil or
administrative penalty collected under this chapter shall be
deposited in the state treasury to the credit of the general
revenue fund.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1996.
Sec. 251.071. RECOVERY OF COSTS. (a) The department may assess
reasonable expenses and costs against a person in an
administrative hearing if, as a result of the hearing, the
person's license is denied, suspended, or revoked or if
administrative penalties are assessed against the person. The
person shall pay expenses and costs assessed under this
subsection not later than the 30th day after the date of a board
order requiring the payment of expenses and costs is final. The
department may refer the matter to the attorney general for
collection of the expenses and costs.
(b) If the attorney general brings an action against a person
under Section 251.063 or 251.065 or to enforce an administrative
penalty assessed under Section 251.066, and an injunction is
granted against the person or the person is found liable for a
civil or administrative penalty, the attorney general may
recover, on behalf of the attorney general and the department,
reasonable expenses and costs.
(c) For purposes of this section, "reasonable expenses and
costs" include expenses incurred by the department and the
attorney general in the investigation, initiation, or prosecution
of an action, including reasonable investigative costs, court
costs, attorney's fees, witness fees, and deposition expenses.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1996.
SUBCHAPTER F. TEMPORARY MANAGER
Sec. 251.091. APPOINTMENT BY AGREEMENT. (a) A person holding a
controlling interest in an end stage renal disease facility may,
at any time, request the department to assume the management of
the facility through the appointment of a temporary manager under
this subchapter.
(b) After receiving the request, the department may enter into
an agreement providing for the appointment of a temporary manager
to manage the facility under conditions considered appropriate by
both parties if the department considers the appointment
desirable.
(c) An agreement under this section must:
(1) specify all terms and conditions of the temporary manager's
appointment and authority; and
(2) preserve all rights of the individuals served by the
facility granted by law.
(d) The primary duty of the temporary manager is to ensure that
adequate and safe services are provided to patients until
temporary management ceases.
(e) The appointment terminates at the time specified by the
agreement.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1995.
Sec. 251.092. INVOLUNTARY APPOINTMENT. (a) The department may
request the attorney general to bring an action in the name and
on behalf of the state for the appointment of a temporary manager
to manage an end stage renal disease facility if:
(1) the facility is operating without a license;
(2) the department has denied, suspended, or revoked the
facility's license but the facility continues to operate;
(3) license denial, suspension, or revocation proceedings
against the facility are pending and the department determines
that an imminent or reasonably foreseeable threat to the health
and safety of a patient of the facility exists;
(4) the department determines that an emergency exists that
presents an immediate threat to the health and safety of a
patient of the facility;
(5) the facility is closing and arrangements for the care of
patients by other licensed facilities have not been made before
closure; or
(6) the department determines a level three corrective action
plan under Section 251.061 that includes appointment of a
temporary manager is necessary to address serious or
life-threatening conditions at the facility.
(b) After a hearing, a court shall appoint a temporary manager
to manage a facility if the court finds that the appointment of
the manager is necessary.
(c) The court order shall address the duties and authority of
the temporary manager, which may include management of the
facility and the provision of dialysis services to facility
patients until specified circumstances occur, such as new
ownership of the facility, compliance with this chapter and rules
adopted under this chapter, or closure of the facility.
(d) If possible, the court shall appoint as temporary manager an
individual whose background includes administration of end stage
renal disease facilities or similar facilities.
(e) Venue for an action under this section is in Travis County.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1995.
Sec. 251.093. FEE; RELEASE OF FUNDS. (a) A temporary manager
appointed under Section 251.092 is entitled to a reasonable fee
as determined by the court. The fee shall be paid by the
facility.
(b) The temporary manager may petition the court to order the
release to the manager of any payment owed the manager for care
and services provided to patients of the facility if the payment
has been withheld.
(c) Withheld payments that may be released under Subsection (b)
may include payments withheld by a governmental agency or other
entity before or during the appointment of the temporary manager,
including:
(1) Medicaid, Medicare, or insurance payments; or
(2) payments from another third party.
Added by Acts 1995, 74th Leg., ch. 608, Sec. 1, eff. Sept. 1,
1995.