Texas Health and Safety Code 251.091 – Appointment by Agreement
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(a) A person holding a controlling interest in an end stage renal disease facility may, at any time, request the department to assume the management of the facility through the appointment of a temporary manager under this subchapter.
(b) After receiving the request, the department may enter into an agreement providing for the appointment of a temporary manager to manage the facility under conditions considered appropriate by both parties if the department considers the appointment desirable.
Terms Used In Texas Health and Safety Code 251.091
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) An agreement under this section must:
(1) specify all terms and conditions of the temporary manager’s appointment and authority; and
(2) preserve all rights of the individuals served by the facility granted by law.
(d) The primary duty of the temporary manager is to ensure that adequate and safe services are provided to patients until temporary management ceases.
(e) The appointment terminates at the time specified by the agreement.