| (a) This section applies only to the final licensing,
listing, or registration decisions of a health and human services
agency as defined by §531.001(4), Government Code, with respect
to a person under the law authorizing the agency to regulate the following
types of persons:
(1) a youth camp licensed under Chapter 141, Health
and Safety Code;
(2) a home and community support services agency licensed
under Chapter 142, Health and Safety Code;
(3) a hospital licensed under Chapter 241, Health and
Safety Code;
(4) an institution licensed under Chapter 242, Health
and Safety Code;
(5) an assisted living facility licensed under Chapter
247, Health and Safety Code;
(6) a special care facility licensed under Chapter
248, Health and Safety Code;
(7) an intermediate care facility licensed under Chapter
252, Health and Safety Code;
(8) a chemical dependency treatment facility licensed
under Chapter 464, Health and Safety Code;
(9) a mental hospital or mental health facility licensed
under Chapter 577, Health and Safety Code;
(10) a child-care facility or child-placing agency
licensed under or a family home listed or registered under Chapter
42, Human Resources Code; or
(11) an adult day-care facility licensed under Chapter
103, Human Resources Code.
(b) This section applies only to an agency decision
that has become final after all opportunities for appeal have been
exhausted or waived.
(c) Each health and human services agency that regulates
a person described by subsection (a) of this section must maintain
a record of:
(1) each application for a license, including a renewal
license or a license that does not expire, a listing, or a registration
that is denied by the agency under the law authorizing the agency
to regulate the person; and
(2) each license, listing, or registration that is
revoked, suspended, or terminated by the agency under the applicable
law.
(d) The record of an application required by subsection
(c)(1) of this section must be maintained until the tenth anniversary
of the date the application is denied. The record of the license,
listing, or registration required by subsection (c)(2)of this section
must be maintained until the tenth anniversary of the date of the
revocation, suspension, or termination.
(e) The record required under subsection (c) of this
section must include:
(1) the name and address of the applicant for a license,
listing, or registration that is denied as described by subsection
(c)(1) of this section;
(2) the name and address of each person listed in the
application for a license, listing, or registration that is denied
as described by subsection (c)(1) of this section;
(3) the name of each person determined by the applicable
regulatory agency to be a controlling person of an entity for which
an application, license, listing, or registration is denied, revoked,
suspended, or terminated as described by subsection (c) of this section;
(4) the specific type of license, listing, or registration
that was denied, revoked, suspended, or terminated by the agency;
(5) the reasons for the denial, revocation, suspension,
or termination; and
(6) the period the denial, revocation, suspension,
or termination was effective.
(f) Each health and human services agency that regulates
a person described in subsection (a) of this section each month must
provide a copy of the records maintained under this section to each
other health and human services agency that regulates a person described
by subsection (a) of this section. The Health and Human Services Commission
(HHSC) may access the records provided or maintained under this section.
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