Sec. 242.096.  NURSING AND CONVALESCENT HOME TRUST FUND AND EMERGENCY ASSISTANCE FUNDS.  (a)  The nursing and convalescent home trust fund is with the comptroller and shall be made available to the department for expenditures without legislative appropriation to make emergency assistance funds available to a home.
(b)  A trustee of a home may use the emergency assistance funds only to alleviate an immediate threat to the health or safety of the residents.  The use may include payments for:
(1)  food; 
(2)  medication; 
(3)  sanitation services; 
(4)  minor repairs; 
(5)  supplies necessary for personal hygiene;  or
(6)  services necessary for the personal care, health, and safety of the residents.
(c)  A court may order the department to disburse emergency assistance funds to a home if the court finds that:
(1)  the home has inadequate funds accessible to the trustee for the operation of the home; 
(2)  there exists an emergency that presents an immediate threat to the health and safety of the residents;  and
(3)  it is in the best interests of the health and safety of the residents that funds are immediately available.
(d)  The department shall disburse money from the nursing and convalescent home trust fund as ordered by the court in accordance with department rules.
(e)  Any unencumbered amount in the nursing and convalescent home trust fund in excess of $10,000,000 at the end of each fiscal year shall be transferred to the credit of the general revenue fund and may be appropriated only to the department for its use in administering and enforcing this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.20, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 10.04, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1019, Sec. 1, eff. Aug. 30, 1999.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0625, eff. April 2, 2015.