CHAPTER 225. HEALTH PLANNING AND CAPITAL EXPENDITURE REVIEW - Texas Statutes

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.