reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 552 - CERTIFICATION OF LONG-TERM CARE FACILITIES › Section 552.15 - Construction of This Chapter

Current through Reg. 49, No. 28; July 12, 2024
In all deliberations, the Texas Department of Human Services
				  (department) will construe this chapter in order to assure quality-of-care
				  standards for the long-term care facilities in the State of Texas and to
				  enforce federal and state standards and regulations governing the Title XVIII
				  Medicare Program and the Title XIX Medical Assistance
				  Program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter A - INTRODUCTION › Section 553.1 - Purpose and Application

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The purpose of this chapter is to establish:
(1) the criteria and application procedure
				  for licensing an assisted living facility;
(2) the licensing standards with which an
				  assisted living facility must comply and that serve as a basis for licensure
				  inspections, including:
(A) operation and
				  resident care standards; and
(B)
				  facility construction standards;
(3) the inspections and investigations HHSC
				  may conduct as a regulatory authority; and
(4) enforcement actions HHSC may take against
				  a facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter A - INTRODUCTION › Section 553.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meaning, unless the context clearly indicates
					 otherwise.
(1) Abuse--
(A) For a person under 18 years of age who is
				  not and has not been married or who has not had the disabilities of minority
				  removed for general purposes, the term has the meaning in Texas Family Code
				  §
											261.001(1),
				  which is an intentional, knowing, or reckless act or omission by an employee,
				  volunteer, or other individual working under the auspices of a facility or
				  program that causes or may cause emotional harm or physical injury to, or the
				  death of, a child served by the facility or program, as further described by
				  rule or policy; and
(B) For a
				  person other than one described in subparagraph (A) of this paragraph, the term
				  has the meaning in Texas Health and Safety Code §
											260A.001(1),
				  which is:
(i) the negligent or willful
				  infliction of injury, unreasonable confinement, intimidation, or cruel
				  punishment with resulting physical or emotional harm or pain to a resident by
				  the resident's caregiver, family member, or other individual who has an ongoing
				  relationship with the resident; or
(ii) sexual abuse of a resident, including
				  any involuntary or nonconsensual sexual conduct that would constitute an
				  offense under Texas Penal Code §
												21.08 (relating
				  to Indecent Exposure), or Texas Penal Code, Chapter 22 (relating to Assaultive
				  Offenses), committed by the resident's caregiver, family member, or other
				  individual who has an ongoing relationship with the resident.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter A - INTRODUCTION › Section 553.5 - Types of Assisted Living Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Basis for licensure type. A facility must
				  be licensed as a Type A or Type B facility. A facility's licensure type is
				  based on the capability of the residents to evacuate the facility, as described
				  in this section.
(b) Type A. In a
				  Type A facility, a resident:
(1) must be
				  physically and mentally capable of evacuating the facility without physical
				  assistance from staff, which may include an individual who is mobile, although
				  non-ambulatory, such as an individual who uses a wheelchair or an electric
				  cart, and has the capacity to transfer and evacuate himself or herself in an
				  emergency;
(2) does not require
				  routine attendance during nighttime sleeping hours;
(3) must be capable of following directions
				  under emergency conditions; and
(4)
				  must be able to demonstrate to HHSC that they can meet the evacuation
				  requirements described in Subchapter D of this chapter (relating to Facility
				  Construction).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter A - INTRODUCTION › Section 553.7 - Assisted Living Facility Services

Current through Reg. 49, No. 28; July 12, 2024
(a) An assisted living facility must:
(1) furnish, in one or more facilities, food
				  and shelter to four or more persons who are unrelated to the proprietor of the
				  establishment; and
(2) provide:
(A) personal care services; or
(B) medication administration by a person
				  licensed or otherwise authorized in this state to administer the
				  medication.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter A - INTRODUCTION › Section 553.9 - General Characteristics of a Resident

Current through Reg. 49, No. 28; July 12, 2024
This section describes some general characteristics of a
					 resident in a facility. A resident may:
(1) exhibit symptoms of mental or emotional
				  disturbance, but is not considered at risk of imminent harm to self or
				  others;
(2) need assistance with
				  movement;
(3) require assistance
				  with bathing, dressing, and grooming;
(4) require assistance with routine skin
				  care, such as application of lotions or treatment of minor cuts and
				  burns;
(5) need reminders to
				  encourage toilet routine and prevent incontinence;
(6) require temporary services by
				  professional personnel;
(7) need
				  assistance with medication, supervision of self-medication, or medication
				  administration;
(8) require
				  encouragement to eat, or monitoring due to social or psychological reasons of
				  temporary illness;
(9) be hearing
				  impaired or speech impaired;
(10)
				  be incontinent without pressure sores;
(11) require an established therapeutic
				  diet;
(12) require self-help
				  devices; and
(13) need assistance
				  with meals, which may include feeding.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter B - LICENSING › Section 553.17 - Criteria for Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a) A person must be
				  licensed to establish or operate an assisted living facility in Texas.
(1) HHSC considers one or more facilities to
				  be part of the same establishment and, therefore, subject to licensure as an
				  assisted living facility, based on the following factors:
(A) common ownership;
(B) physical proximity;
(C) shared services, personnel, or equipment
				  in any part of the facilities' operations; and
(D) any public appearance of joint operations
				  or of a relationship between the facilities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter B - LICENSING › Section 553.19 - General Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant must use the online portal
				  and the forms prescribed by HHSC to submit a license application and for all
				  licensure requirements and activities that can be met or conducted using the
				  online portal.
(b) An applicant
				  must complete the application and furnish all documents and information that
				  HHSC requests in accordance with the instructions provided with the
				  application. An application must be complete, accurate, and submitted with full
				  payment of applicable license fees described in § 553.47 of this
				  subchapter (relating to License Fees). If an applicant provides incorrect or
				  false information, or withholds information, HHSC may deny the application as
				  described in § 553.17(h) of this subchapter (relating to Criteria for
				  Licensing).
(c) An application must
				  include documentation from the local fire authority that the facility and its
				  operations meet local fire ordinances.
(d) If an applicant decides not to continue
				  the application process for a license after submitting an application and
				  license fee, the applicant must submit to HHSC a request to withdraw the
				  application. HHSC does not refund the license fee for an application that is
				  withdrawn, except as provided in § 553.21(d) of this subchapter (relating
				  to Time Periods for Processing All Types of License Applications).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter B - LICENSING › Section 553.21 - Time Periods for Processing All Types of License Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC reviews an
				  application for a license within 30 days after the date HHSC Licensing and
				  Credentialing Section, Long-term Care Regulation, receives the application and
				  notifies the applicant if additional information is needed to complete the
				  application.
(b) HHSC denies an
				  application that remains incomplete 120 days after the date that HHSC Licensing
				  and Credentialing Section, Long-term Care Regulation receives the
				  application.
(c) HHSC issues a
				  license within 30 days after HHSC determines that the applicant and the
				  facility have met all licensure requirements referenced in § 553.23 of
				  this subchapter (relating to Initial License Application Procedures and
				  Requirements) or § 553.33 of this subchapter (relating to Renewal
				  Procedures and Qualifications), as applicable.
(d) If HHSC does not process an application
				  in the time period stated, the applicant has a right to make a request to the
				  program director for reimbursement of the license fees paid with the
				  application.
(1) If the program director does
				  not agree that the established time period has been violated or finds that good
				  cause existed for exceeding the established time period, the program director
				  denies the request.
(2) Good cause
				  for exceeding the established time period exists if:
(A) the number of applications to be
				  processed exceeds by 15 percent or more the number processed in the same
				  calendar quarter of the preceding year;
(B) HHSC must rely on another public or
				  private entity to process all or a part of the application received by HHSC,
				  and the delay is caused by that entity; or
(C) other conditions existed giving good
				  cause for exceeding the established time period.
(3) If the request for reimbursement is
				  denied, the applicant may appeal to the HHSC Executive Commissioner for
				  resolution of the dispute. The applicant must send a written statement to the
				  HHSC Executive Commissioner describing the request for reimbursement and the
				  reason for the request. The HHSC Executive Commissioner will make a timely
				  decision concerning the appeal and notify the applicant in writing of the
				  decision.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter B - LICENSING › Section 553.23 - Initial License Application Procedures and Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  must complete the HHSC pre-licensure training course before submitting an
				  application for an initial license. An applicant that is currently licensed
				  under Texas Health and Safety Code, Chapter 247 is exempt from this
				  requirement.
(b) An applicant for
				  an initial license must submit an application in accordance with § 553.19
				  of this subchapter (relating to General Application Requirements) and include
				  full payment of the fees required in § 553.47 of this subchapter (relating
				  to License Fees).
(c) HHSC reviews
				  an application for an initial license within 30 days after the date HHSC
				  Licensing and Credentialing Section, Long-term Care Regulation receives the
				  application and notifies the applicant if additional information is needed to
				  complete the application.
(d) The
				  applicant must notify HHSC via the online portal indicating that the facility
				  is ready for a Life Safety Code (LSC) inspection. The notice must be submitted
				  with the application or within 120 days after the HHSC Licensing and
				  Credentialing Section, Long-term Care Regulation receives the application.
				  After the applicant has satisfied the application submission requirements in
				  § 553.17 of this subchapter (relating to Criteria for Licensing) and
				  § 553.19 of this subchapter, HHSC staff conduct an on-site LSC inspection
				  of the facility to determine if the facility meets the applicable NFPA 101 and
				  other physical plant requirements in Subchapter D of this chapter (relating to
				  Facility Construction).
(e) If the
				  facility fails to meet the licensure requirements within 120 days after the
				  initial LSC inspection, HHSC denies the application for a license.
(f) After a facility has met the licensure
				  requirements in Subchapter D of this chapter and has admitted at least one but
				  no more than three residents, the applicant must notify HHSC via the online
				  portal that the facility is ready for a health inspection.
(1) HHSC staff conduct an on-site health
				  inspection to determine if the facility meets the licensure requirements for
				  standards of operation and resident care in Subchapter E of this chapter
				  (relating to Standards for Licensure).
(2) If the facility fails to meet the
				  licensure requirements for standards of operation and resident care within 120
				  days after the initial health inspection, HHSC denies the application for a
				  license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter B - LICENSING › Section 553.25 - Initial License for a Type A or Type B Facility for an Applicant in Good Standing

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant may request that HHSC issue, before conducting an on-site health
				  inspection, an initial license for a Type A or Type B facility. The applicant
				  must request the license by submitting a form prescribed by HHSC via the online
				  portal.
(b) If an applicant makes a
				  request in accordance with subsection (a) of this section, HHSC determines the
				  applicant is in good standing, and the applicant complies with subsection (d)
				  of this section, the applicant is not required to admit a resident to the
				  facility or have the on-site health inspection described in § 553.23(f) of
				  this subchapter (relating to Initial License Application Procedures and
				  Requirements) before HHSC issues an initial license.
(c) For purposes of this section, an
				  applicant is in good standing if:
(1) one of
				  the following conditions is met:
(A) the
				  applicant has operated or been a controlling person of a licensed Type A or
				  Type B facility in Texas for at least six consecutive years; or
(B) the applicant has not held a license for
				  a Type A or Type B facility, but a controlling person of the applicant has
				  operated or been a controlling person of a licensed Type A or Type B facility
				  in Texas for at least six consecutive years; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter B - LICENSING › Section 553.27 - Certification of a Type B Facility or Unit for Persons with Alzheimer's Disease and Related Disorders

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility
				  that advertises, markets, or otherwise promotes that the facility or a distinct
				  unit of the facility provides specialized care for persons with Alzheimer's
				  disease or related disorders must be certified or have the unit certified under
				  subsection (d) of this section or § 553.29 of this subchapter (relating to
				  Alzheimer's Certification of a Type B Facility for an Initial License Applicant
				  in Good Standing). Certification under this section is not required for a
				  facility to use advertising terms such as "medication reminders or assistance,"
				  "meal and activity reminders," "escort service," or "short-term memory loss,
				  confusion, or forgetfulness."
(b)
				  To be certified under subsection (d) of this section, a facility must be
				  licensed as a Type B facility.
(c)
				  A license holder must request certification of a facility or unit under
				  subsection (d) of this section by submitting the forms prescribed by HHSC via
				  the online portal and include full payment of applicable fees described in
				  § 553.47(c) of this subchapter (relating to License Fees).
(d) After HHSC receives a request for
				  certification in accordance with subsection (c) of this section, HHSC certifies
				  a licensed Type B facility as a certified Alzheimer's facility or a unit of a
				  licensed Type B facility as a certified Alzheimer's unit, if HHSC determines:
(1) that the facility or unit is in
				  compliance with § 553.311 of this chapter (relating to Physical Plant
				  Requirements for Alzheimer's Units) and Subchapter D of this chapter (relating
				  to Facility Construction), including meeting the requirements of a Life Safety
				  Code (LSC) inspection within 120 days after the date HHSC staff conduct an
				  initial LSC inspection; and
(2)
				  that the facility or unit meets the requirements of Subchapter F of this
				  chapter (relating to Additional Licensing Standards for Certified Alzheimer's
				  Assisted Living Facilities) based on an on-site health inspection, during which
				  HHSC observes the facility's or unit's provision of care to at least one
				  resident who has been admitted to the Alzheimer's facility or unit.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter B - LICENSING › Section 553.29 - Alzheimer's Certification of a Type B Facility for an Initial License Applicant in Good Standing

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant may request that HHSC, before conducting an on-site health
				  inspection, issue an initial license for a Type B facility and an Alzheimer's
				  certification for the facility or a distinct unit of the facility. The
				  applicant must meet the requirements of § 553.25 of this subchapter
				  (relating to Initial License for a Type A or Type B Facility for an Applicant
				  in Good Standing) for the initial license and the requirements of this section
				  for certification of the facility or unit.
(b) An applicant must request certification
				  by submitting forms prescribed by HHSC via the online portal and include full
				  payment of applicable fees described in § 553.47 of this subchapter
				  (relating to License Fees).
(c) An
				  applicant that makes a request in accordance with subsection (a) of this
				  section is not required to admit a resident to the facility or unit or have the
				  on-site health inspection described in § 553.23(f) of this subchapter
				  (relating to Initial License Application Procedures and Requirements) before
				  HHSC certifies the facility or unit if HHSC determines that the applicant is in
				  good standing:
(1) for the issuance of an
				  initial license of the facility in accordance with § 553.25(c) of this
				  subchapter; and
(2) for
				  certification of the facility or unit in accordance with subsection (d) of this
				  section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter B - LICENSING › Section 553.31 - Provisional License

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may issue
				  a six-month provisional license in the case of a corporate change of
				  ownership.
(b) HHSC issues a
				  six-month provisional license for a newly constructed facility without
				  conducting an NFPA 101 and physical plant inspection under Subchapter D of this
				  chapter (relating to Facility Construction), and, as applicable § 553.311,
				  of this chapter (relating to Physical Plant Requirements for Alzheimer's
				  Units), if:
(1) an applicant requests in
				  writing a provisional license;
(2)
				  the applicant submits working drawings and specifications to HHSC for review in
				  accordance with applicable procedures for plan review, approval, and
				  construction in Subchapter D of this chapter, before facility construction
				  begins;
(3) the applicant obtains
				  all approvals, including a certificate of occupancy in a jurisdiction that
				  requires one, from local authorities having jurisdiction in the area in which
				  the facility is located, such as the fire marshal, health department, and
				  building inspector;
(4) the
				  applicant submits a complete license application within 30 days after receipt
				  of all local approvals described in paragraph (3) of this subsection;
(5) the applicant pays in full the license
				  fees required by § 553.47 of this subchapter (relating to License
				  Fees);
(6) the applicant, or a
				  person who is a controlling person and an owner of the applicant, has
				  constructed another facility in this state that complies with applicable NFPA
				  101 and physical plant requirements in Subchapter D of this chapter, and, as
				  applicable, § 553.311 of this chapter; and
(7) the applicant is in compliance with
				  resident-care standards for licensure required by Subchapter E of this chapter
				  (relating to Standards for Licensure) based on an on-site inspection conducted
				  in accordance with § 553.327 of this chapter (relating to Inspections,
				  Investigations, and Other Visits).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter B - LICENSING › Section 553.33 - Renewal Procedures and Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility is responsible for
				  submitting an application for license renewal via the online portal before the
				  expiration date printed on the license. A license issued under this chapter:
(1) expires three years after the date
				  issued;
(2) must be renewed before
				  the license expiration date; and
(3) is not automatically renewed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter B - LICENSING › Section 553.35 - Change of Ownership and Notice of Changes

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of this section, a temporary
				  change of ownership license is a temporary license issued to an applicant who
				  proposes to become the new operator of a facility that exists on the date the
				  application is submitted.
(b) A
				  license holder may not transfer its license. The applicant (new license holder)
				  must obtain a temporary change of ownership license followed by an initial
				  three-year license in accordance with this section. When the Texas Health and
				  Human Services Commission (HHSC) approves the change of ownership by issuing a
				  temporary change of ownership license to the new license holder, the current
				  license holder's license becomes invalid as of the effective date of the change
				  of ownership indicated in the change of ownership application. Between the
				  effective date of the change of ownership and the issuance of the temporary
				  change of ownership license, the current license holder remains responsible
				  under its license; however, the applicant may operate a facility on behalf of a
				  current license holder during such period of time.
(c) An applicant must submit to HHSC through
				  the online portal:
(1) a complete HHSC
				  application for a license in accordance with HHSC instructions and §
				  553.23 of this subchapter (relating to Initial Application Procedures and
				  Requirements) or an incomplete application with a letter explaining the
				  circumstances that prevented the inclusion of the missing
				  information;
(2) full payment of
				  the fees required in § 553.47 of this subchapter (relating to License
				  Fees); and
(3) a signed and
				  notarized Change of Ownership Transfer Affidavit HHSC Form 1092 from the
				  applicant and the facility's current license holder of intent to transfer
				  operation of the facility from the current license holder to the applicant,
				  beginning on the change of ownership effective date specified on the change of
				  ownership application.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter B - LICENSING › Section 553.37 - Relocation

Current through Reg. 49, No. 28; July 12, 2024
(a) Relocation is
				  the closing of a facility and the movement of its residents to another location
				  for which the license holder does not hold a current license.
(b) A license holder must not relocate a
				  facility without a license from HHSC for the facility at the new
				  location.
(c) To apply for
				  relocation, the license holder for the current location must submit an
				  application via the online portal for an initial license for the new location
				  in accordance with § 553.23 of this subchapter (relating to Initial
				  Application Procedures and Requirements) and full payment of the fees required
				  in § 553.47 of this subchapter (relating to License Fees). The applicant
				  must enter the proposed date of relocation on the application, subject to
				  issuance of a license.
(d)
				  Residents must not be relocated until the new building has been inspected and
				  approved as meeting the Life Safety Code licensure requirements in Subchapter D
				  of this chapter (relating to Facility Construction).
(e) Following Life Safety Code approval by
				  HHSC, the license holder must notify HHSC via the online portal of the date the
				  residents will be relocated.
(f)
				  After a facility has met standards of operations in subsection (d) of this
				  section, HHSC staff conduct an on-site health inspection if one was not
				  conducted within the last licensure period, to determine if the facility meets
				  the licensure requirements for standards of operation and resident care in
				  Subchapter E of this chapter (relating to Standards for Licensure).
(g) HHSC issues a license for the new
				  facility if the new facility meets the standards of operations in subsections
				  (d) and (e) of this section.
(h)
				  The license holder must continue to maintain the license at the current
				  location and must continue to meet all requirements for operation of the
				  facility until HHSC has approved the relocation. The issuance of a license
				  constitutes HHSC approval of the relocation. The license for the current
				  location becomes invalid upon issuance of the new license for the new location.
				  The license from the other location must be returned to HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter B - LICENSING › Section 553.39 - Increase in Capacity

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				  holder must not increase a facility's licensed capacity without approval from
				  HHSC.
(b) The license holder must
				  submit an application for an increase in capacity in accordance with §
				  553.19 of this subchapter (relating to General Application Requirements) and
				  the fee required in § 553.47 of this subchapter (relating to License
				  Fees).
(c) The license holder must
				  arrange for an inspection of the facility by the local fire marshal and provide
				  the signed fire marshal approval to HHSC.
(d) After HHSC's review of an application and
				  after the applicant notifies HHSC via the online portal that the facility is
				  ready for a Life Safety Code (LSC) inspection, HHSC staff conduct an on-site
				  LSC inspection of the facility to determine if the facility meets the LSC
				  licensure requirements in Subchapter D of this chapter (relating to Facility
				  Construction).
(e) If the facility
				  fails to meet the LSC licensure requirements within 120 days after the LSC
				  inspection, HHSC denies the application for an increase in capacity.
(f) After a facility has met LSC licensure
				  requirements, HHSC staff conduct an on-site health inspection, if one was not
				  conducted within the last licensure period, to determine if the facility meets
				  the licensure requirements for standards of operation and resident care in
				  Subchapter E of this chapter (relating to Standards for Licensure).
(g) HHSC issues a new license with an
				  increased capacity within 30 days after HHSC determines that all licensure
				  requirements have been met. HHSC may grant approval to occupy the increased
				  capacity once HHSC determines that all licensure requirements have been
				  met.
(h) In order to meet the
				  residents' health and safety needs in the event of a fire, natural disaster, or
				  catastrophic event, HHSC may grant approval to temporarily exceed a facility's
				  licensed capacity provided the health and safety of residents are not
				  compromised and the facility can meet the required health care service needs of
				  all residents. A facility may exceed its licensed capacity under this
				  circumstance, monitored by HHSC, until residents can be transferred to a
				  permanent location. HHSC issues authorization for the temporary increase in the
				  facility's licensed capacity. The authorization to temporarily increase the
				  capacity ends when the facility receives written notice from HHSC ending the
				  authorization.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter B - LICENSING › Section 553.41 - Decrease in Capacity

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				  holder that wishes to decrease the licensed capacity of the facility must
				  provide notification via the online portal to HHSC's Licensing and
				  Credentialing Section, Long-term Care Regulation. The notification must include
				  the desired capacity for the new license.
(b) Upon receipt of the notification, HHSC
				  issues a new license with the desired capacity as indicated in the
				  notification.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter B - LICENSING › Section 553.43 - Disclosure of Facility Identification Number

Current through Reg. 49, No. 28; July 12, 2024
A facility must use its state-issued facility
					 identification number in all advertisements, solicitations, and promotional
					 materials, including yellow pages, brochures, and business
					 cards.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter B - LICENSING › Section 553.47 - License Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Basic fees.
(1) Type A and Type B. The license fee is
				  $300, plus $15 for each bed for which a license is sought, with a maximum of
				  $2,250 for a three-year license. The fee must be paid with an initial
				  application, change of ownership application, or renewal application.
(2) Increase in capacity. An approved
				  increase in capacity is subject to an additional fee of $15 for each
				  bed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter D - FACILITY CONSTRUCTION › Division 1 - GENERAL PROVISIONS › Section 553.100 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 building or structure used as a licensed assisted living facility, whether new
					 or existing, must comply with these standards.
(b) All assisted living facilities must
					 comply with National Fire Protection Association Life Safety Code (NFPA 101)
					 and any applicable Tentative Interim Amendment (TIA) issued by NFPA, except as
					 otherwise stated in these standards.
(c) All assisted living facilities must
					 comply with other chapters, sections, subsections, and paragraphs of NFPA 101,
					 as they relate to: Chapter 18, New Health Care Occupancies; Chapter 19,
					 Existing Health Care Occupancies; Chapter 32, New Residential Board and Care
					 Occupancies; and Chapter 33, Existing Residential Board and Care Occupancies,
					 including:
(1) Chapter 1,
					 Administration;
(2) Chapter 2,
					 Referenced Publications;
(3)
					 Chapter 3, Definitions;
(4) Chapter
					 4, General;
(5) Chapter 5,
					 Performance-Based Option;
(6)
					 Chapter 6, Classification of Occupancy and Hazard of Contents;
(7) Chapter 7, Means of Egress;
(8) Chapter 8, Features of Fire
					 Protection;
(9) Chapter 9, Building
					 Service and Fire Protection Equipment;
(10) Chapter 10, Interior Finish, Contents,
					 and Furnishings;
(11) Chapter 11,
					 Special Structures and High-Rise Buildings; and
(12) Chapter 43, Building
					 Rehabilitation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter D - FACILITY CONSTRUCTION › Division 1 - GENERAL PROVISIONS › Section 553.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise. The definitions in § 553.3 of this chapter (relating to
						Definitions) also apply to this subchapter.
(1) Approved--Acceptable to the Texas Health
					 and Human Services Commission.
(2)
					 Authority having jurisdiction (AHJ)--An organization, office, or individual
					 responsible for enforcing the requirements of a code or standard, or for
					 approving equipment, materials, an installation, or a procedure.
(3) Auxiliary serving kitchen--An area that
					 is not contiguous to a food preparation or serving area and that is for serving
					 food but is not used for cooking or meal preparation.
(4) Bedroom usable floor space--The floor
					 area of a resident bedroom that may be considered toward meeting minimum
					 requirements for a resident bedroom floor area.
(5) Building rehabilitation--Any construction
					 activity involving repair, modernization, reconfiguration, renovation, changes
					 in occupancy or use, or installation of new fixed equipment, including:
(A) the replacement of finishes, such as new
					 flooring or wall finishes or the painting of walls and ceilings;
(B) the construction, removal, or relocation
					 of walls, partitions, floors, ceilings, doors, or windows;
(C) the replacement of doors, windows, or
					 roofing;
(D) changes to the
					 appearance of the exterior of a building, including new finish
					 materials;
(E) the installation,
					 repair, replacement, or extension of fire protection systems, including fire
					 sprinkler systems, fire alarm system, and fire suppression systems, at cooking
					 operations;
(F) the replacement of
					 door hardware, plumbing fixtures, handrails in corridors, or grab rails in
					 bathrooms and restrooms;
(G) the
					 repair, replacement, or extension of required communication systems;
(H) the repair or replacement of emergency
					 electrical system equipment and components, including generator sets, transfer
					 switches, distribution panel boards, receptacles, switches, and light
					 fixtures;
(I) the change of a wing
					 or area to a Certified Alzheimer's Disease Assisted Living Facility or
					 unit;
(J) the change of a Certified
					 Alzheimer's Disease Assisted Living Facility or unit to ordinary
					 resident-use;
(K) a change in the
					 use of space, including the change of resident bedrooms to other uses, such as
					 offices, storage, or living or dining spaces; and
(L) changes in locking arrangements, such as
					 the installation of access control systems or the installation or removal of
					 electronic locking devices, including electromagnetic locks, and other
					 delayed-egress locking devices.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter D - FACILITY CONSTRUCTION › Division 2 - PROVISIONS APPLICABLE TO ALL FACILITIES › Section 553.103 - Site and Location for all Assisted Living Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Firefighting
					 unit. An assisted living facility must be served by a professional or volunteer
					 firefighting unit and must have a water supply that meets the firefighting
					 unit's requirements and approval.
(b) Correction of hazards. An assisted living
					 facility must correct a site or building condition that HHSC staff identifies
					 to be a fire, health, or physical hazard.
(c) Parking.
(1) An assisted living facility must provide
					 or arrange for nearby parking spaces for the private vehicles of residents and
					 visitors.
(2) An assisted living
					 facility must provide a minimum of one parking space for every four residents
					 in its licensed capacity, and for any fraction thereof, or per local
					 requirements, whichever is more stringent.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter D - FACILITY CONSTRUCTION › Division 2 - PROVISIONS APPLICABLE TO ALL FACILITIES › Section 553.104 - Safety Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) Local fire
					 marshal inspection.
(1) An assisted living
					 facility must obtain an inspection at least once every 12 months, by the local
					 fire marshal, or the Texas State Fire Marshal's Office in locations where there
					 is no local fire marshal, and must correct any items cited by the local fire
					 marshal, or the Texas State Fire Marshal's Office, to the satisfaction of those
					 authorities.
(2) An assisted living
					 facility must maintain documentation at the facility reflecting the outcome of
					 the most recent annual inspection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter D - FACILITY CONSTRUCTION › Division 3 - BUILDING REHABILITATION › Section 553.107 - Building Rehabilitation

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Prior to the start of building rehabilitation, other than that classified as
					 repair in subsection (b) of this section, a facility must notify the Texas
					 Health and Human Services commission (HHSC) in Austin, Texas, in
					 writing.
(b) Upon completion of
					 building rehabilitation, other than that classified as repair or renovation in
					 this section, a final construction inspection of the facility must be performed
					 by HHSC prior to occupancy. The completed construction must have the written
					 approval of the local authority having jurisdiction, including the fire marshal
					 and building official. When construction or building rehabilitation does not
					 alter the licensed capacity of a facility, based on submitted documentation and
					 the scope of the performed building rehabilitation, HHSC may permit a facility
					 to use the rehabilitated portion of a facility pending a final construction
					 inspection or may determine a final construction inspection is not
					 required.
(c) An assisted living
					 facility undergoing any building rehabilitation must meet the requirements of
					 this section.
(1) An assisted living facility
					 must ensure the patching, restoration, or painting of materials, elements,
					 equipment, or fixtures for maintaining such materials, elements, equipment, or
					 fixtures in good or sound condition is classified as repair and must ensure the
					 repair:
(A) meets the applicable requirements
					 of § 553.100(e) of this subchapter (relating to General
					 Requirements);
(B) uses like
					 materials, unless such materials are prohibited by NFPA 101, as modified by
					 this subchapter; and
(C) does not
					 make a building less conforming with NFPA 101, as modified by this subchapter,
					 with the applicable sections of this subchapter, or with any alternative
					 arrangements previously approved by HHSC, than it was before the repair was
					 undertaken.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter D - FACILITY CONSTRUCTION › Division 4 - EXISTING SMALL TYPE A ASSISTED LIVING FACILITIES › Section 553.110 - General Requirements for an Existing Small Type A Assisted Living Facility

Current through Reg. 49, No. 28; July 12, 2024
An existing small Type A assisted living facility must
						comply with the requirements for a slow evacuation capability facility in 33.2,
						Small Facilities, in NFPA 101, Chapter 33, Existing Residential Board and Care
						Occupancies, where referenced by this division.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter D - FACILITY CONSTRUCTION › Division 4 - EXISTING SMALL TYPE A ASSISTED LIVING FACILITIES › Section 553.111 - Construction Requirements for an Existing Small Type A Assisted Living Facility

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Structurally sound. An existing small Type A assisted living facility must
					 ensure any building is structurally sound regarding actual or expected dead,
					 live, and wind loads in accordance with applicable building codes.
(b) Separation of occupancies. An existing
					 small Type A assisted living facility must be separated from other occupancies
					 by a fire barrier having at least a 2-hour fire resistance rating constructed
					 according to the requirements of NFPA 101 and its referenced standards, unless
					 otherwise permitted by paragraph (2) of this subsection.
(1) An existing small Type A assisted living
					 facility must be separated from other assisted living facilities, hospitals, or
					 nursing facilities. Beginning August 31, 2021, an existing small Type A
					 assisted living facility must be separated from any new occupancy or new use
					 subject to the Texas Health and Human Services commission (HHSC)
					 licensing.
(2) An existing small
					 Type A assisted living facility is not required to be separated from another
					 occupancy not subject to HHSC licensing standards if the two occupancies are so
					 intermingled that construction of a fire barrier having a 2-hour fire
					 resistance rating is impractical and the following conditions are met.
(A) The means of escape, construction,
					 protection, and other safeguards for the entire building must comply with the
					 NFPA 101 requirements for an existing small Type A assisted living
					 facility.
(B) HHSC must be given
					 unrestricted and unannounced access at any reasonable time to inspect the other
					 occupancy type for compliance with the NFPA 101 requirements for an existing
					 small Type A assisted living facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 553 - LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES › Subchapter D - FACILITY CONSTRUCTION › Division 4 - EXISTING SMALL TYPE A ASSISTED LIVING FACILITIES › Section 553.112 - Space Planning and Utilization Requirements for an Existing Small Type A Assisted Living Facility

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Resident bedrooms.
(1) An existing small Type
					 A assisted living facility must ensure a resident bedroom or living unit is not
					 located on a floor that is below finished ground level.
(2) An existing small Type A assisted living
					 facility must ensure bedroom-usable floor space is not less than 80 square feet
					 for a bedroom housing one resident and not less than 60 square feet per
					 resident for a bedroom housing multiple residents, unless otherwise permitted
					 by paragraphs (3) and (4) of this subsection. Portions of a bedroom that are
					 less than eight feet in the smallest dimension cannot be included in the
					 measurement of bedroom usable floor space, unless approved by HHSC.
(3) An existing small Type A assisted living
					 facility containing individual living units that include living space for the
					 residents in addition to their bedrooms may reduce the bedroom usable floor
					 space for a bedroom housing multiple residents within a living unit by up to 10
					 percent of the required bedroom usable floor space, as long as the minimum
					 dimensional criteria are maintained. An existing small Type A assisted living
					 facility may not use this provision in conjunction with the provision
					 permitting the reduction of common social-diversional areas or common dining
					 areas found in subsection (g)(5) of this section.
(4) An existing small Type A assisted living
					 facility may house no more than 50 percent of its licensed resident capacity in
					 bedrooms housing three or more residents. A bedroom must not house more than
					 four residents.