CHAPTER 13. HEALTH DEPARTMENT HOSPITALS AND RESPIRATORY FACILITIES - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE A. TEXAS DEPARTMENT OF HEALTH

CHAPTER 13. HEALTH DEPARTMENT HOSPITALS AND RESPIRATORY

FACILITIES

SUBCHAPTER A. CARE AND TREATMENT IN HEALTH DEPARTMENT HOSPITALS

Sec. 13.002. ADMISSION OF OTHER PATIENTS. (a) The board may

admit to any hospital under its supervision a patient who:

(1) is eligible to receive patient services under a department

program; and

(2) will benefit from hospitalization.

(b) Admission to a hospital as authorized under this section is

subject to the availability of:

(1) appropriate space after the needs of eligible tuberculosis

and chronic respiratory disease patients have been met; and

(2) trained medical personnel for the necessary medical care and

treatment.

(c) The board may adopt rules and enter into contracts as

necessary to implement this section.

(d) This section does not require the board or department to:

(1) admit a patient to a particular hospital;

(2) guarantee the availability of space at any hospital; or

(3) provide treatment for a particular medical need at any

hospital.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 13.003. SERVICES AT RIO GRANDE STATE CENTER. (a) The

primary purpose of the Rio Grande State Center is to provide

inpatient and outpatient services, either directly or by contract

with one or more public or private health care providers or

entities, to the residents of the Lower Rio Grande Valley.

(b) The board may establish at the Rio Grande State Center:

(1) cancer screening;

(2) diagnostic services;

(3) educational services;

(4) obstetrical services;

(5) gynecological services;

(6) other inpatient health care services; and

(7) outpatient health care services, including diagnostic,

treatment, disease management, and supportive care services.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 1106, Sec. 9, eff. Aug. 30,

1999; Acts 2001, 77th Leg., ch. 263, Sec. 2, eff. May 22, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

650, Sec. 2, eff. June 19, 2009.

Sec. 13.004. TREATMENT OF CERTAIN MENTALLY ILL OR MENTALLY

RETARDED PERSONS. (a) The Texas Department of Mental Health and

Mental Retardation may transfer a mentally ill or mentally

retarded person who is infected with tuberculosis to the Texas

Center for Infectious Disease.

(b) The person may be transferred without that person's consent.

(c) The cost of maintaining and treating the person at the Texas

Center for Infectious Disease shall be paid from appropriations

to that hospital.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 107, Sec. 2, eff. Sept. 1,

1995.

Sec. 13.005. CARE AND TREATMENT OF CERTAIN PATIENTS. (a) The

board shall fully develop essential services needed for the

control of tuberculosis. To provide those services, the board may

contract for the support, maintenance, care, and treatment of

tuberculosis patients:

(1) admitted to facilities under the board's jurisdiction; or

(2) otherwise subject to the board's jurisdiction.

(b) The board may contract with:

(1) municipal, county, or state hospitals;

(2) private physicians;

(3) licensed nursing homes and hospitals; and

(4) hospital districts.

(c) The board may contract for diagnostic and other services

available in a community or region as necessary to prevent

further spread of tuberculosis.

(d) A contract may not include the assignment of any lien

accruing to the state.

(e) The board may establish and operate outpatient clinics as

necessary to provide follow-up treatment on discharged patients.

A person who receives treatment as an outpatient is financially

liable in the manner provided for inpatients.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 13.006. PURPOSE OF TUBERCULOSIS CONTROL PROGRAM. The

primary objectives of the tuberculosis control program are:

(1) case-finding;

(2) inpatient and outpatient treatment; and

(3) the eventual eradication of tuberculosis.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 13.007. REPRESENTATIVE JIM SOLIS AND COLONEL H. WILLIAM

"BILL" CARD, JR., OUTPATIENT CLINIC. The outpatient clinic

operated by the South Texas Health Care System in Harlingen,

Texas, is named the Representative Jim Solis and Colonel H.

William "Bill" Card, Jr., Outpatient Clinic in honor of

Representative Jim Solis and Colonel H. William "Bill" Card, Jr.

Added by Acts 2009, 81st Leg., R.S., Ch.

1056, Sec. 1, eff. June 19, 2009.

SUBCHAPTER B. TEXAS TUBERCULOSIS CODE

Sec. 13.031. SHORT TITLE. This subchapter may be cited as the

Texas Tuberculosis Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 13.032. PURPOSE. The purpose of this subchapter is to:

(1) enable persons with tuberculosis to obtain needed care;

(2) provide care and treatment for those persons; and

(3) facilitate their hospitalization.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 13.033. DEFINITIONS. In this subchapter:

(1) "Legally responsible person" means a parent, guardian, or

spouse, or any person whom the laws of this state hold

responsible for debts incurred as a result of the hospitalization

or treatment of a patient.

(2) "Local health authority" means a practicing physician who

acts as:

(A) a municipal or county health authority;

(B) a director of a local health department or public health

district; or

(C) a regional director of a public health region.

(3) "Physician" means a person licensed by the Texas State Board

of Medical Examiners to practice medicine in this state.

(4) "Political subdivision" includes a county, municipality, or

hospital district.

(5) "State chest hospital" means the Texas Center for Infectious

Disease and the Rio Grande State Center.

(6) "Tuberculosis patient" means a person who has any form of

tuberculosis in any part of the body.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 107, Sec. 5, eff. Sept. 1,

1995; Acts 2001, 77th Leg., ch. 263, Sec. 3, eff. May 22, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

650, Sec. 3, eff. June 19, 2009.

Sec. 13.034. BOARD DUTIES. (a) The board shall adopt rules and

bylaws relating to:

(1) the management of state chest hospitals;

(2) the duties of officers and employees of those hospitals; and

(3) the enforcement of necessary discipline and restraint of

patients.

(b) The board shall supply each hospital with the necessary

personnel for the operation and maintenance of the hospital.

(c) The board may:

(1) prescribe the form and content of applications,

certificates, records, and reports provided for under this

subchapter;

(2) require reports from the administrator of a state chest

hospital relating to the admission, examination, diagnosis,

release, or discharge of a patient;

(3) visit each hospital regularly to review admitting procedures

and the care and treatment of all new patients admitted since the

last visit;

(4) investigate by personal visit a complaint made by a patient

or by another person on behalf of a patient; and

(5) adopt rules as necessary for the proper and efficient

hospitalization of tuberculosis patients.

(d) The board may delegate a power or duty of the board to an

employee. The delegation does not relieve the board from its

responsibility.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 13.035. EMPLOYMENT OF HOSPITAL ADMINISTRATORS. (a) The

department shall employ a qualified hospital administrator for

each state chest hospital.

(b) A hospital administrator employed under this section is not

required to be a licensed physician.

(c) The hospital administrator may delegate a power or duty of

the administrator to an employee. The delegation does not relieve

the hospital administrator from the responsibility.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 13.036. PATIENT ADMISSION; EXAMINATION CERTIFICATE. (a) A

resident of this state who has tuberculosis may be admitted to a

state chest hospital. A person who is not a resident of this

state and who has tuberculosis may be admitted to a state chest

hospital in accordance with Section 13.046.

(b) The hospital shall review applications for admission and

admit or deny admission to applicants.

(c) An application for admission to a state chest hospital shall

be accompanied by a certificate issued by a physician stating

that the physician has thoroughly examined the applicant and that

the applicant has tuberculosis. In the case of an applicant who

is not a resident of this state, the certificate may be issued by

a physician who holds a license to practice medicine in the state

of residence of the applicant.

(d) In the case of an indigent applicant, the certificate may be

issued by the local health authority.

(e) The department shall prescribe the form and content of the

certificate.

(f) If the applicant has a communicable disease other than

tuberculosis, the hospital administrator may delay the admission

until the other disease is no longer contagious.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 107, Sec. 1, eff. Sept. 1,

2003.

Sec. 13.037. DETERMINATION OF RESIDENCY. (a) A person is a

resident of this state if the person:

(1) is physically present and living voluntarily in this state;

(2) intends to make a home in this state; and

(3) is not in this state temporarily.

(b) The intent to make a home in this state may be demonstrated

by proof similar to or including:

(1) the possession of documentation, such as a Texas driver's

license, motor vehicle registration, or voter registration

certificate;

(2) the presence of personal effects at a specific abode in this

state; or

(3) employment in this state.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 13.038. CLASSIFICATION OF PATIENTS; LIEN. (a) A patient

admitted to a state chest hospital is a public patient and

classified as indigent, nonindigent, or nonresident.

(b) An indigent public patient is a person who:

(1) does not possess property of any kind;

(2) has no person who is legally responsible for the patient's

support; and

(3) is unable to reimburse the state.

(c) A nonindigent public patient is a person who possesses

property out of which the state may be reimbursed, or who has a

person who is legally responsible for the patient's support.

(d) Except as provided by Section 13.040, the state shall

support and maintain an indigent or nonindigent public patient at

state expense but is entitled to reimbursement for a nonindigent

public patient's support.

(e) The state's claim for nonindigent support and maintenance

constitutes a lien against the property of the patient or the

legally responsible person who is financially able to contribute.

(f) A nonresident public patient is a person who is admitted in

accordance with an interstate agreement under Section 13.046.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 107, Sec. 2, eff. Sept. 1,

2003.

Sec. 13.039. COLLECTION OF STATE'S CLAIM. (a) A state claim

for patient support and maintenance may be collected through an

action brought against the patient or the person legally

responsible for the patient. The action shall be brought in the

county from which the patient was sent and shall be brought in

the name of the state by the county or district attorney of that

county or by the attorney general.

(b) The action shall be brought on the written request of the

state chest hospital administrator, accompanied by a certificate

as to the amount owed to the state. In any action, the

certificate is sufficient evidence of the amount owed to the

state for the support of that patient.

(c) On receipt of the request, the attorney shall bring and

conduct the suit and is entitled to a commission of 10 percent of

the amount collected. All money collected under this section,

less the amount of the commission, shall be paid by the attorney

to the hospital administrator, who shall receive the amount and

give a receipt.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 13.040. EFFECT OF INDIGENT HEALTH CARE AND TREATMENT ACT.

If an indigent or nonindigent public patient is eligible for

health care assistance from a county hospital or public hospital

under Chapter 61 (Indigent Health Care and Treatment Act), the

state is entitled to reimbursement from that hospital for the

treatment and support of the patient to the extent prescribed by

that chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 13.041. RETURN OF CERTAIN NONRESIDENTS; RECIPROCAL

AGREEMENTS. (a) The board may:

(1) return a nonresident patient admitted to a state chest

hospital to the proper agency of the state of the patient's

residence; and

(2) permit the return of a resident of this state who has been

admitted to a tuberculosis hospital in another state.

(b) The state that is returning a patient shall pay the expenses

of the return.

(c) The board may enter into reciprocal agreements with the

proper agencies of other states to facilitate the return to the

states of their residence of nonresident patients admitted to

state chest hospitals in other states.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 13.042. DISCRIMINATION PROHIBITED. (a) A state chest

hospital may not discriminate against a patient.

(b) Each patient is entitled to equal facilities, attention, and

treatment. However, a state chest hospital may provide different

care and treatment of patients because of differences in the

condition of the individual patients.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 13.043. GRATUITIES PROHIBITED. (a) A patient in a state

chest hospital may not offer an officer, agent, or employee of

the hospital a tip, payment, or reward of any kind.

(b) A patient who violates this section may be expelled from the

hospital. An employee who accepts a tip, payment, or reward of

any kind from a patient may be discharged.

(c) The board shall strictly enforce this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 13.044. PRIVATE ACCOMMODATIONS. (a) On the request of any

charitable organization in this state, the board may permit the

erection, furnishing, and maintenance by the charitable

organization of accommodations on the grounds of a state chest

hospital for persons who have tuberculosis and who are:

(1) members of the charitable organization;

(2) members of the families of persons who are members of the

charitable organization; or

(3) surviving spouses or minor children of deceased persons who

are members of the charitable organization.

(b) The accommodations shall be reserved for the preferential

use of persons described by Subsection (a).

(c) The state may not incur any expense in the erection,

furnishing, and maintenance of the accommodations. The charitable

organization that enters a patient under this section may be

required to pay the pro rata part of the maintenance costs of

that patient that is found to be just and equitable, pending the

next legislative appropriation for the maintenance of state chest

hospitals. Any part of the accommodations not used by persons

described by Subsection (a) may be used, at the discretion of the

hospital administrator, by other patients in the hospital without

charge to the state.

(d) The officers or a board or committee of the charitable

organization and the board must enter into a written agreement

relating to the location, construction, style, and character, and

terms of existence of buildings, and other questions arising in

connection with the grant of permission to erect and maintain

private accommodations. The written agreement must be recorded in

the minutes of the board.

(e) Except for the preferential right to occupy vacant

accommodations erected by the person's charitable organization, a

person described by Subsection (a) shall be classified in the

same manner as other state chest hospital patients and shall be

admitted, maintained, cared for, and treated in those hospitals

in the same manner and under the same conditions and rules that

apply to other patients.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 13.045. DONATION OF LAND BY COUNTY. (a) A county may

donate and convey land to the state in consideration of the

establishment of a state chest hospital by the board.

(b) The commissioners court of the county may determine the

desirability, manner, and form of the donation and conveyance.

(c) This section does not authorize the commissioners court of a

county to convey land donated or granted for educational purposes

to the county in any manner other than that directed by law.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 13.046. ADMISSION OF NONRESIDENT PATIENTS. (a) The

department may enter into an agreement with an agency of another

state responsible for the care of residents of that state who

have tuberculosis under which:

(1) residents of the other state who have tuberculosis may be

admitted to a state chest hospital, subject to the availability

of appropriate space after the needs of eligible tuberculosis and

chronic respiratory disease patients who are residents of this

state have been met; and

(2) the other state is responsible for paying all costs of the

hospitalization and treatment of patients admitted under the

agreement.

(b) Section 13.041 does not apply to the return of a nonresident

patient admitted to a state chest hospital in accordance with an

agreement entered into under this section. The return of that

patient to the state of residence is governed by the agreement.

Added by Acts 2003, 78th Leg., ch. 107, Sec. 3, eff. Sept. 1,

2003.