Texas Health and Safety Code

§ 246.117 — CIVIL LIABILITY

HS § 246.117Title 4. HEALTH FACILITIES · Part B. LICENSING OF HEALTH FACILITIES · Ch. 246. CONTINUING CARE FACILITIES · Art. F. ENFORCEMENT

Statute text

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(a)A provider who makes a continuing care contract without complying with the disclosure statement requirement under Subchapter C, or who makes a continuing care contract with a person who has relied on a disclosure statement that omits a material fact required to be stated in the statement or necessary to make the statement accurate, is liable to the person with whom the continuing care contract is made for:

(1)actual damages;

(2)repayment of all fees paid to the provider minus the reasonable value of care and lodging provided to the person by or on whose behalf the continuing care contract was made before the violation, misstatement, or omission was discovered or reasonably should have been discovered;

(3)interest at the legal rate for judgments;

(4)court costs; and

(5)reasonable attorney's fees.

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Legislative history

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.