Texas Health and Safety Code
§ 242.095 — FEE; RELEASE OF FUNDS
HS § 242.095Title 4. HEALTH FACILITIES · Part B. LICENSING OF HEALTH FACILITIES · Ch. 242. CONVALESCENT AND NURSING FACILITIES AND RELATED INSTITUTIONS · Art. D. TRUSTEES FOR NURSING OR CONVALESCENT HOMES
Statute text
View on source(a)A trustee appointed under this subchapter is entitled to a reasonable fee as determined by the court. In determining the trustee's personal compensation for nursing facility administrator activities, the court shall consider reasonable a rate that is equal to 150 percent of the maximum allowable rate for an owner-administrator under the state's Medicaid reimbursement rules. The court shall determine the reasonableness of the trustee's personal compensation for other duties. On the motion of any party, the court shall review the reasonableness of the trustee's fees. The court shall reduce the amount if the court determines that the fees are not reasonable.
(b)The trustee may petition the court to order the release to the trustee of any payment owed the trustee for care and services provided to the residents if the payment has been withheld, including a payment withheld by the commission at the recommendation of the department.
(c)Withheld payments may include payments withheld by a governmental agency or other entity during the appointment of the trustee, such as payments:
(1)for Medicaid, Medicare, or insurance;
(2)by another third party; or
(3)for medical expenses borne by the resident.
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Legislative history
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0624, eff. April 2, 2015.