Tex.
Health & Safety Code Section 241.055
Civil Penalty
(a)
A hospital shall timely adopt, implement, and enforce a patient transfer policy in accordance with Section 241.027 (Patient Transfers). A hospital may implement patient transfer agreements in accordance with Section 241.028 (Transfer Agreements).(b)
A hospital that violates Subsection (a), another provision of this chapter, or a rule adopted or enforced under this chapter is liable for a civil penalty of not more than $1,000 for each day of violation and for each act of violation. A hospital that violates this chapter or a rule or order adopted under this chapter relating to the provision of mental health, chemical dependency, or rehabilitation services is liable for a civil penalty of not more than $25,000 for each day of violation and for each act of violation.(c)
In determining the amount of the penalty, the district court shall consider:(1)
the hospital’s previous violations;(2)
the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;(3)
whether the health and safety of the public was threatened by the violation;(4)
the demonstrated good faith of the hospital; and(5)
the amount necessary to deter future violations.(d)
A penalty collected under this section by the attorney general shall be deposited to the credit of the general revenue fund. A penalty collected under this section by a district or county attorney shall be deposited to the credit of the general fund of the county in which the suit was heard.
Source:
Section 241.055 — Civil Penalty, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.241.htm#241.055 (accessed Jun. 5, 2024).
