Texas Human Resources Code
§ 32.062 — ADMISSIBILITY OF CERTAIN EVIDENCE RELATING TO NURSING INSTITUTIONS
HR § 32.062Title 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · Part C. ASSISTANCE PROGRAMS · Ch. 32. MEDICAL ASSISTANCE PROGRAM · Art. B. ADMINISTRATIVE PROVISIONS
Statute text
View on source(a)The following are not admissible as evidence in a civil action:
(1)any finding by the Department of Aging and Disability Services that an institution licensed under Chapter 242, Health and Safety Code, has violated a standard for participation in the medical assistance program under this chapter; or
(2)the fact of the assessment of a monetary penalty against an institution under Section 32.021 or the payment of the penalty by an institution.
(b)This section does not apply in an enforcement action in which the state or an agency or political subdivision of the state is a party.
(c)Notwithstanding any other provision of this section, evidence described by Subsection (a) is admissible as evidence in a civil action only if:
(1)the evidence relates to a material violation of this chapter or a rule adopted under this chapter or assessment of a monetary penalty with respect to:
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Legislative history
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.136, eff. April 2, 2015.