Texas § HS.246.041 - PRECONTRACTUAL RECORDING REQUIREMENTS

§ HS.246.041. PRECONTRACTUAL RECORDING REQUIREMENTS

PRECONTRACTUAL RECORDING REQUIREMENTS. (a) A provider shall file with the board a current disclosure statement that meets the requirements of this subchapter and shall file copies of the agreements establishing the escrows under Subchapter D or a verified statement explaining that an escrow is not required before the provider: (1) contracts to provide continuing care to a resident in this state; (2) extends the term of an existing continuing care contract with a resident in this state that requires or allows an entrance fee from any person, regardless of whether the extended contract requires an entrance fee; or (3) including a person acting on the provider's behalf, solicits for an individual who is a resident of this state a continuing care contract in this state. (b) A contract is solicited in this state if, during the 12-month period preceding the date on which a continuing care contract for a facility is signed or accepted by either party, information concerning the facility or the availability of a continuing care contract for the facility is given: (1) by personal, telephone, mail, or other communication directed to and received by a person at a location in this state; or (2) in a paid advertisement published or broadcast from within this state, other than in a publication in which more than two-thirds of the circulation is outside this state. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1089 (H.B. 2697 ), Sec. 3, eff. June 19, 2015.