Sec. 285.101. FACILITIES OR SERVICES FOR ELDERLY OR DISABLED. (a) This subchapter applies only to a hospital, hospital district, or authority created and operated under Article IX, Texas Constitution, under a special law, or under this title that is located in: (1) a county with a population of 35,000 or less; (2) those portions of extended municipalities that the federal census bureau has determined to be rural; or (3) an area that is not delineated as an urbanized area by the federal census bureau. (b) A hospital, hospital district, or authority covered by this subchapter may: (1) construct, acquire, own, operate, enlarge, improve, furnish, or equip one or more of the following types of facilities or services for the care of the elderly or disabled: (A) a nursing home or similar long-term care facility; (B) elderly housing; (C) assisted living; (D) home health; (E) personal care; (F) special care; (G) continuing care; or (H) durable medical equipment; (2) lease or enter into an operations or management agreement relating to all or part of a facility or service described in Subdivision (1) that is owned by the hospital district or authority; (3) close, transfer, sell, or otherwise convey all or part of a facility and discontinue services; and (4) issue revenue bonds and other notes to acquire, construct, or improve a facility for the care of the elderly or disabled or to implement the delivery of a service for the care of the elderly or disabled. (c) For the purpose of this section, a facility or service created under Subsection (b) is considered to be a hospital project under Chapter 223 . (d) This section does not authorize a hospital, hospital district, or authority to issue revenue bonds or other notes in accordance with this chapter to construct, acquire, own, enlarge, improve, furnish, or equip a facility or service listed in Subsection (b)(1) if a private provider of the facility or service is available and accessible in the service area of the hospital, hospital district, or authority.
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