Texas Health and Safety Code - HEALTH & SAFETY § 246.002. Definitions

(1) “Assisted living facility” has the meaning assigned by Section 247.002.

(1-a) “Board” means the Texas Department of Insurance.

(2) “Commissioner” means the commissioner of the State Board of Insurance.

(3) Redesignated as V.T.C.A., Health & Safety Code § 246.0025 and amended by Acts 2015, 84th Leg., ch. 1089 (H.B. 2697), § 1.

(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:

(5) “Entrance fee” means an initial or deferred transfer of money or other property valued at an amount exceeding three months' payments for residency in a living unit and related services at a facility 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 or amounts paid for an optional modification to a living unit under an agreement separate from a continuing care contract.

(6) “Facility” means an establishment that provides continuing care to an individual.  The term includes an individual's residence .

(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.  The term does not include a room, apartment, cottage, or other area that is in a nursing facility or assisted living facility.

(8) “Long-term nursing care” means nursing care provided for a period longer than 365 consecutive days.

(8-a) “Nursing facility” has the meaning assigned by Section 242.301.

(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.