Texas Health and Safety Code 246.002 – Definitions
Terms Used In Texas Health and Safety Code 246.002
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
In this chapter:
(1) “Board” means the State Board of Insurance.
(2) “Commissioner” means the commissioner of the State Board of Insurance.
(3) Redesignated by Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697), Sec. 1, eff. June 19, 2015.
(4) “Continuing care contract” means an agreement that requires the payment of an entrance fee by or on behalf of a resident in exchange for the furnishing of continuing care by a provider and that is effective for:
(A) the life of the resident; or
(B) more than one year.
(5) “Entrance fee” means an initial or deferred transfer of money or other property valued at an amount exceeding three months’ payments for rent or services, made, or promised to be made, as full or partial consideration for acceptance by a provider of a specified individual entitled to receive continuing care under a continuing care contract. The term does not include a deposit made under a reservation agreement.
(6) “Facility” means an establishment that provides continuing care to an individual. The term does not include an individual’s residence if the residence is not a living unit provided by a provider.
(7) “Living unit” means a room, apartment, cottage, or other area that is in a facility and that is set aside for the exclusive use or control of one or more specified individuals.
(8) “Long-term nursing care” means nursing care provided for a period longer than 365 consecutive days.
(9) “Person” means an individual, corporation, association, or partnership, and includes a fraternal or benevolent order or society.
(10) “Provider” means a person who undertakes to provide continuing care under a continuing care contract to a resident.
(11) “Reservation agreement” means an agreement that requires the payment of a deposit to reserve a living unit for a prospective resident.
(12) “Resident” means an individual entitled to receive continuing care under this chapter.