reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter A - INTRODUCTION › Section 551.2 - Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this chapter is to promote public health, safety, and welfare by providing for
				  the development, establishment, and enforcement of standards for the provision
				  of services to individuals residing in intermediate care facilities for persons
				  with an intellectual disability or a related condition.
(b) The term "facility serving persons with
				  an intellectual disability or related conditions," when used in this chapter,
				  means an establishment or home that provides food, shelter, and treatment or
				  services to four or more persons who are unrelated to the owner; is primarily
				  for the diagnosis, treatment, or rehabilitation of persons with an intellectual
				  disability or related conditions; and provides in a protected setting
				  continuous evaluation, planning, 24-hour supervision, and coordination and
				  integration of health or rehabilitative services to help each resident function
				  at the resident's greatest ability.
(1) A
				  person receiving services in a facility serving persons with an intellectual
				  disability or related conditions must have a diagnosis of an intellectual
				  disability or a related condition as defined under paragraph (2) of this
				  subsection. Facilities serving persons with other developmental disabilities as
				  a primary diagnosis do not fall under the scope of these standards.
(2) The term "related condition" means a
				  severe, chronic disability that meets all the following conditions:
(A) a condition attributable to:
(i) cerebral palsy or epilepsy; or
(ii) any other condition including autism,
				  but excluding mental illness, found to be closely related to an intellectual
				  disability because this condition results in impairment of general intellectual
				  functioning or adaptive behavior similar to that of persons with an
				  intellectual disability and requires treatment or services similar to those
				  required for these persons;
(B) a condition manifested before the person
				  reaches age 22 years;
(C) a
				  condition likely to continue indefinitely; and
(D) a condition that results in substantial
				  functional limitations in three or more of the following areas of major life
				  activity:
(i) self-care;
(ii) understanding and use of
				  language;
(iii) learning;
(iv) mobility;
(v) self-direction; and
(vi) capacity for independent
				  living.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter A - INTRODUCTION › Section 551.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates otherwise.
					 Individual subchapters may have definitions that are specific to the
					 subchapter.
(1) Active treatment--A
				  continuous program, which includes aggressive, consistent implementation of
				  specialized and generic training, treatment, health services, and related
				  services, that is directed toward:
(A)
				  acquisition of the behaviors necessary for the resident to function with as
				  much self-determination and independence as possible; and
(B) prevention or deceleration of regression
				  or loss of current optimal functional status.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter B - APPLICATION PROCEDURES › Section 551.11 - Criteria for Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person or governmental unit, acting jointly or severally, must be licensed by
				  the Texas Health and Human Services Commission (HHSC) to establish, conduct, or
				  maintain a facility in this state.
(b) An applicant for a license must submit a
				  complete application form and license fee to HHSC through the online
				  portal.
(c) An applicant for a
				  license must affirmatively show that:
(1) the
				  facility meets the standards of NFPA 101
(2) the facility meets the construction
				  standards in Subchapter D of this chapter (relating to General Requirements for
				  Facility Construction); and
(3) the
				  facility meets the standards for operation based on an on-site
				  survey.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter B - APPLICATION PROCEDURES › Section 551.13 - Applicant Disclosure Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) No person may apply for a license, change
				  of ownership, increase in capacity, relocation, or renewal of a license to
				  operate or maintain a facility without making a disclosure of information as
				  required in this section.
(b) All
				  applications must be made on forms prescribed by and available from the Texas
				  Health and Human Services Commission (HHSC) through the online portal. Each
				  application must be completed in accordance with HHSC instructions. Any changes
				  to the information on an initial, change of ownership, or renewal application
				  must be reported to HHSC within 30 calendar days from the effective date of the
				  change. Changes include :
(1) persons with an
				  ownership or control interest, as defined in 42 Code of Federal Regulations
				  (CFR) §455.101 (relating to Definitions);
(2) officers, directors, agents, or managing
				  employees;
(3) the corporation,
				  association, or other company responsible for management of the
				  facility;
(4) the facility's
				  administrator; or
(5) a controlling
				  person.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter B - APPLICATION PROCEDURES › Section 551.14 - Increase in Capacity

Current through Reg. 49, No. 28; July 12, 2024
(a) During the
				  license term, a license holder may not increase capacity without approval from
				  the Texas Health and Human Services Commission (HHSC). The license holder must
				  submit to HHSC a complete application, through the online portal, for increase
				  in capacity and the fee required in § 551.19 of this subchapter (relating
				  to License Fees).
(b) An
				  application for an increase in capacity that was not included in the plan
				  approved under §533A.062 of Texas Health and Safety Code, Plan on
				  Long-Term Care for Persons with an Intellectual Disability, will not be
				  approved by HHSC.
(c) Upon approval
				  of an increase in capacity, HHSC will issue a new license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter B - APPLICATION PROCEDURES › Section 551.15 - Renewal Procedures and Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a) A license expires three years after the
				  date it is issued. The Texas Health and Human Services Commission does not
				  automatically renew a license. For a license to remain in effect after its
				  expiration date, a license holder must apply to renew the license in accordance
				  with this section.
(b) To renew a
				  license, a license holder must submit to HHSC a timely and sufficient
				  application to renew the license through the online portal. A license holder
				  has submitted a timely and sufficient application to renew a license if:
(1) the license holder submits the following
				  to HHSC so HHSC receives it no later than the 45th day before the license
				  expires:
(A) the fee required by §
				  551.19(a)(1) of this subchapter (relating to License Fees); and
(B) one of the following:
(i) a complete application; or
(ii) an incomplete application with a letter
				  explaining the circumstances that prevent the license holder from including the
				  missing information; or
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter B - APPLICATION PROCEDURES › Section 551.16 - 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
				  the current license holder during such period of time.
(c) The applicant must submit to HHSC through
				  the online portal:
(1) a complete application
				  for a license in accordance with HHSC instructions and § 551.11 of this
				  subchapter (relating to Criteria for Licensing) or an incomplete application
				  with a letter explaining the circumstances that prevented the inclusion of the
				  missing information ;
(2) the
				  application fee, in accordance with § 551.19 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 , unless waived 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 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter B - APPLICATION PROCEDURES › Section 551.18 - Informal Reconsideration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Before the institution of proceedings to revoke or suspend a license or deny an
				  application for the renewal of a license, the Texas Health and Human Services
				  Commission (HHSC) gives the license holder:
(1) notice by personal service or by
				  registered or certified mail of the facts or conduct alleged to warrant the
				  proposed action; and
(2) an
				  opportunity to show compliance with all requirements of law for the retention
				  of the license by sending the director of HHSC a written request for an
				  informal review. The request must:
(A) be
				  postmarked within ten days of the date of HHSC's notice and be received in the
				  state office of the director of HHSC within ten days of the date of the
				  postmark; and
(B) contain specific
				  documentation refuting HHSC's allegations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter B - APPLICATION PROCEDURES › Section 551.19 - License Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Basic fees.
(1) Initial and renewal license. The license
				  fee for a three-year initial or renewal license is $225 plus $7.50 for each
				  unit of capacity for which the license is sought.
(2) Increase in capacity. If a license holder
				  requests an increase in the capacity of its facility, the license holder must
				  pay the Texas Health and Human Services Commission (HHSC) an additional fee of
				  $7.50 for each unit of capacity approved.
(3) Change of administrator. If a license
				  holder hires a new administrator for a facility, the license holder must notify
				  HHSC through the online portal not later than the 30th day after the date on
				  which the change of administrator becomes effective and pay HHSC a $20
				  fee.
(4) Late renewal fee. If a
				  license holder submits an application for renewal during the 45-day period
				  before a license expires, the license holder must pay a late renewal fee in an
				  amount equal to one-half of the fee for a license renewal described in
				  paragraph (1) of this subsection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter B - APPLICATION PROCEDURES › Section 551.20 - Plan Review Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Health and Human Services Commission (HHSC) charges a fee to review plans for
				  new buildings, additions, conversion of buildings not licensed by HHSC, and
				  remodeling of existing licensed facilities.
(b) The fee schedule is as follows.
(1) New small facility (with a capacity of 4
				  to 16 based on NFPA 101, Chapter 32, New Residential Board and Care
				  Occupancies:
(A) single
				  story--$1,100;
(B) multiple
				  story--$1,650; and
(C) additions or
				  remodeling--2 percent of construction cost with a $350 minimum fee and a
				  maximum of 50 percent of the plan review fee for a new facility of the same
				  type.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter B - APPLICATION PROCEDURES › Section 551.21 - Time Periods for Processing License Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) An application is complete when all
				  requirements for licensing have been met, including compliance with standards.
				  If an inspection for compliance is required, the application is not complete
				  until the inspection has occurred, reports are reviewed, and the applicant
				  complies with the standards.
(b) If
				  the application is submitted through the online portal by the filing deadline,
				  the application is considered to be timely filed.
(c) The Texas Health and Human Services
				  Commission (HHSC) notifies applicants within 30 days of receipt of the
				  application if any of the following applications are incomplete: initial
				  application, change of ownership, renewal, and increase in capacity.
(d) A license is issued or denied within 30
				  days of the receipt of a complete application or within 30 days before the
				  expiration date of the license. HHSC may delay action on an application for
				  renewal of a license for up to six months if the facility is subject to a
				  proposed or pending licensure termination action on or within 30 days before
				  the expiration date of the license. The issuance of the license constitutes
				  HHSC's official written notice to the facility of the acceptance and filing of
				  the application.
(e) Reimbursement
				  of fees.
(1) In the event the application is
				  not processed in the time periods as stated, the applicant has a right to
				  request of the program director full reimbursement of all filing fees paid in
				  that particular application process. If the program director does not agree the
				  established periods have been violated or finds good cause existed for
				  exceeding the established periods, the request will be denied. Good cause for
				  exceeding the period established is considered to exist 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) another public or private entity used in
				  the application process caused the delay; or
(C) other conditions existed giving good
				  cause for exceeding the established periods.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter B - APPLICATION PROCEDURES › Section 551.22 - Relocation

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				  holder may not relocate a facility to another location without approval from
				  the Texas Health and Human Services Commission (HHSC). The license holder must
				  submit a complete application and the fee required under § 551.19 of this
				  subchapter (relating to License Fees) to HHSC, through the online portal,
				  before the relocation.
(b)
				  Residents may not be relocated until the new building has been inspected and
				  approved as meeting the standards of the Life Safety Code as applicable to
				  intermediate care facilities serving persons with an intellectual disability or
				  a related condition.
(c) Following
				  Life Safety Code approval by HHSC, the license holder must notify HHSC of the
				  date residents will be relocated. If the new facility meets the standards for
				  operation based on an on-site survey, a license will be issued.
(d) The effective date of the license will be
				  the date all residents are relocated.
(e) 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 the date of the
				  relocation.
(f) This section
				  applies to relocation of a currently licensed facility, as described in §
				  551.14 of this subchapter (relating to Increase in Capacity) for regulations
				  governing capacity increases.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter C - STANDARDS FOR LICENSURE › Section 551.42 - Standards for a Facility

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The purpose of this section is to promote the public health, safety,
				  and welfare by providing for the development, establishment, and enforcement of
				  standards:
(1) for the habilitation of
				  residents based on an active treatment program in facilities governed by this
				  chapter; and
(2) for the
				  establishment, construction, maintenance, and operation of such facilities that
				  view an intellectual disability and related conditions within the context of a
				  developmental model in accordance with the principle of
				  normalization.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter C - STANDARDS FOR LICENSURE › Section 551.43 - Administration of Medication

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Administration of medication to a resident of a facility may be performed only
				  by:
(1) a person who holds a license under
				  state law that authorizes the person to administer medication;
(2) in a facility, as defined in §
											557.101
				  of this title (relating to Introduction):
(A)
				  a person who holds a permit issued under Texas Health and Safety Code §
												242.610
				  (relating to Issuance and Renewal of Permit to Administer Medication) and acts
				  under the authority of a person described in paragraph (1) of this subsection;
				  or
(B) a person who is exempt from
				  licensure or permit requirements in accordance with Texas Health and Safety
				  Code §
												242.607
				  (relating to Exemptions for Nursing Students and Medication Aide
				  Trainees);
(3) a person
				  to whom an RN has delegated the administration of medication under 22 TAC
				  Chapter 224 (relating to Delegation of Nursing Tasks by Registered Professional
				  Nurses to Unlicensed Personnel for Clients with Acute Conditions or in Acute
				  Care Environments) or Chapter 225 (relating to RN Delegation to Unlicensed
				  Personnel and Tasks Not Requiring Delegation in Independent Living Environments
				  for Clients with Stable and Predictable Conditions); or
(4) in a facility with a licensed or
				  certified capacity of less than 14 residents, an unlicensed person who
				  administers medication in accordance with Texas Human Resource Code, Chapter
				  161, Subchapter D-1 (relating to Administration of Medication for Clients with
				  Intellectual and Developmental Disabilities).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter C - STANDARDS FOR LICENSURE › Section 551.44 - Trauma-Informed Care Training

Current through Reg. 49, No. 28; July 12, 2024
A facility must ensure that an employee who is hired by a
					 facility on or after May 1, 2016, and whose duties will require the employee to
					 work directly with a resident, completes trauma-informed care training before
					 the employee works directly with a resident. For purposes of this section, "to
					 work directly with a resident" means to serve on a resident's interdisciplinary
					 team or otherwise work with a resident to implement the resident's individual
					 program plan.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter C - STANDARDS FOR LICENSURE › Section 551.45 - Wheelchair Self-Release Seat Belts

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purposes of this section, a
				  "self-release seat belt" is a seat belt on a resident's wheelchair that the
				  resident demonstrates the ability to fasten and release without assistance. A
				  self-release seat belt is not a restraint.
(b) Except as provided in subsection (c) of
				  this section, a facility must allow a resident to use a self-release seat belt
				  if:
(1) the resident or the resident's legally
				  authorized representative (LAR) requests that the resident use a self-release
				  seat belt;
(2) the resident
				  consistently demonstrates the ability to fasten and release the self-release
				  seat belt without assistance;
(3)
				  the use of the self-release seat belt is documented in and complies with the
				  resident's individual program plan (IPP); and
(4) the facility receives written
				  authorization, signed by the resident or the resident's LAR, for the resident
				  to use the self-release seat belt.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter C - STANDARDS FOR LICENSURE › Section 551.50 - Emergency Preparedness and Response

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. In this section, "plan"
				  means a facility's emergency preparedness and response plan.
(b) Administration. A facility must:
(1) develop and implement a written plan as
				  described in subsection (c) of this section;
(2) maintain a current written copy of the
				  plan that is accessible to all staff at all times;
(3) evaluate the plan to determine if
				  information in the plan needs to change:
(A)
				  within 30 days after an emergency situation;
(B) due to remodeling or making an addition
				  to the facility; and
(C) at least
				  every two years;
(4)
				  revise the plan within 30 days after information in the plan changes;
				  and
(5) maintain documentation of
				  compliance with this section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter D - GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION › Section 551.60 - Construction and Initial Survey of Completed Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) Construction phase.
(1) The Texas Health and Human Services
				  Commission (HHSC) in Austin, Texas, must be notified in writing of construction
				  start.
(2) All construction must be
				  done in accordance with minimum licensing requirements. It is the sponsor's
				  responsibility to employ qualified personnel to prepare the contract documents
				  for construction of a new facility or remodeling of an existing facility.
				  Contract documents for additions and remodeling and for the construction of an
				  entirely new facility must be prepared by an architect licensed by the Texas
				  Board of Architectural Examiners (TBAE). Drawings must bear the seal of the
				  architect. Certain parts of final plans, designs, and specifications must bear
				  the seal of a registered professional engineer approved by the Texas Board of
				  Professional Engineers to operate in Texas. These certain parts include sheets
				  and sections covering structural, electrical, mechanical, and sanitary
				  engineering.
(A) Remodeling is the
				  construction, removal, or relocation of walls and partitions; the construction
				  of foundations, floors, or ceiling-roof assemblies; the expanding or altering
				  of safety systems (including sprinkler, fire alarm, and emergency systems); or
				  the conversion of space in a facility to a different use.
(B) General maintenance and repairs of
				  existing material and equipment, repainting, applications of new floor, wall,
				  or ceiling finishes, or similar projects are not included as remodeling, unless
				  as a part of new construction. HHSC must be provided flame spread documentation
				  for new materials applied as finishes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter D - GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION › Section 551.61 - Introduction, Application, and General Requirements for Facilities for Persons with an Intellectual Disability or Related Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. The requirements of this section
				  are applicable to both new and existing facilities unless stated
				  otherwise.
(b) Purpose.
(1) The concept of requirements for fire
				  safety with regard to the residents is based on evacuation capability as
				  published in NFPA 101. These standards are written with the premise that the
				  residents will be capable of self-evacuation without continuous staff
				  assistance. Residents that are not normally capable of self-evacuation nor
				  capable of negotiating stairs unassisted must not be housed above or below the
				  floor of exit discharge unless the facility meets the construction requirements
				  of NFPA 101, Chapter 18, New Health Care Occupancies, or Chapter 19, Existing
				  Health Care Occupancies, for large facilities, or the "impractical"
				  requirements for small facilities as found in NFPA 101, Chapter 32, New
				  Residential Board and Care Occupancies, or Chapter 33, Existing Residential
				  Board and Care Occupancies. Examples of residents who may not be capable of
				  self-evacuation are as follows:
(A) a person
				  with a physical disability of a nature that he or she is not capable of
				  maneuvering in a wheelchair, walker, or other assistive device
				  unaided;
(B) a person with an
				  intellectual disability who will not take or cannot understand instructions
				  from a staff member; or
(C) a
				  person that is taking medication before bedtime which will make it difficult
				  for a staff member to arouse the person quickly.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter D - GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION › Section 551.62 - Site and Grounds

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  (All Facilities).
(1) Site grades must provide
				  for positive surface water drainage so that there will be no ponding or
				  standing water at or near the building such as would present a hazard to health
				  or provide a breeding site or harborage for disease vectors.
(2) Outdoor activity, recreational, and
				  sitting spaces must be provided and be accessible to all residents.
(3) Each facility must have parking space to
				  satisfy the needs of residents, employees, staff, and visitors.
(4) Protection must be provided for resident
				  safety on facility grounds using appropriate methods, such as fences, hedges,
				  retaining walls, railings, or other landscaping. Such protection must not
				  inhibit the free emergency egress to a safe distance away from the
				  building.
(5) All outside areas,
				  grounds, and adjacent buildings on the site must be maintained in good
				  condition and kept free of rubbish, garbage, untended growth, and other
				  conditions which may constitute a fire or health hazard.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter D - GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION › Section 551.63 - Fire Service

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  must be served by a paid or volunteer fire department. The fire department must
				  provide written assurance to the Texas Health and Human Services Commission
				  that the fire department can respond to an emergency at the facility.
(b) Water supply for firefighting purposes
				  must be as required and approved by the firefighting unit.
(c) The facility must have an annual
				  inspection by the local fire marshal.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter D - GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION › Section 551.64 - Means of Egress

Current through Reg. 49, No. 28; July 12, 2024
(a) Corridors
				  and other means of egress must be kept clear of obstructions and must not be
				  used for any purpose which would interfere with its use as an exit, such as for
				  storage, vending machines, seating, or similar purposes. The corridor width
				  must be maintained at all times.
(b) Doors within the means of egress must not
				  be equipped with a latch or lock which requires the use of a key or tool to
				  open from the inside of the building. A latch or other fastening device on a
				  door must be provided with a knob, handle, panic bar, or other simple type of
				  releasing device, the method of operation of which is obvious, even in
				  darkness. An exception is that large facilities are permitted to have doors
				  which are locked, if residents can be rapidly removed using remote control of
				  locks or by keying all locks to keys readily available to staff who are in
				  constant attendance.
(c) A
				  hold-open device must be installed on each exit door of large
				  facilities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter D - GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION › Section 551.65 - Fire Alarms, Detection Systems, and Sprinkler Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Fire
				  alarms, detection systems, and sprinkler systems must be as required by NFPA
				  101, NFPA 72, NFPA 13, NFPA 13R, or NFPA 13D, as specified in NFPA 101, Chapter
				  32, New Residential Board and Care Occupancies and Chapter 33, Existing
				  Residential Board and Care Occupancies, and as modified in this section.
(1) Each building must have an approved fire
				  alarm system.
(2) Components must
				  be compatible and laboratory listed for the use intended.
(3) Wiring and circuitry for alarm systems
				  must meet the applicable requirements of NFPA Codes, including NFPA 70, for
				  such systems.
(4) Fire alarm
				  systems must be installed, maintained, and repaired by an agent having a
				  current certificate of registration with the state fire marshal's office of the
				  Texas Commission on Fire Protection, in accordance with the state law. A fire
				  alarm system installation certificate must be provided as required by the State
				  Fire Marshal's Office. An exception is that large facilities who have
				  professional engineers on staff that are qualified in electrical and electronic
				  installations are not required to have a certificate of registration with the
				  State Fire Marshal's Office, provided they do not sell, install, or maintain
				  fire alarm systems commercially.
(5) Smoke detector sensitivity must be
				  checked within one year after installation and every alternate year thereafter
				  in accordance with NFPA 72. Documentation, including as-built installation
				  drawings, operation and maintenance manuals, and a written sequence of
				  operation must be available for examination by HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter D - GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION › Section 551.66 - Portable Fire Extinguishers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General. Portable fire extinguishers must be provided and maintained to comply
				  with the provisions of NFPA 10. This includes such items as type of
				  extinguishers (A, B, or C), location and spacing, mounting heights, monthly
				  inspections by staff, yearly inspections by a licensed agent (with any
				  necessary servicing), and hydrostatic testing as recommended by the
				  manufacturer.
(b) Types of
				  extinguishers.
(1) Extinguishers in resident
				  corridors must be spaced so that travel distance is not more than 75 feet. The
				  minimum size of extinguishers must be either 2 1/2 gallon (pressurized water)
				  for water type or 2-A: 10-B: C (five-pound dry chemical) for ABC
				  type.
(2) Extinguishers must be
				  installed on supplied hangers or brackets or be mounted in cabinets approved by
				  the Texas Health and Human Services Commission (HHSC).
(3) Extinguishers must be surface
				  wall-mounted or recessed in cabinets where they are not subject to physical
				  damage or dislodgement.
(4)
				  Extinguishers having a gross weight not exceeding 40 pounds must be installed
				  so that the top of the extinguisher is not more than five feet above the floor.
				  Extinguishers with a gross weight greater than 40 pounds must be installed so
				  the top of the extinguisher is not more than 3 1/2 feet above the floor. The
				  clearance between the bottom of the extinguisher and the floor must not be less
				  than four inches.
(5) Portable
				  extinguishers provided in hazardous rooms must be located as close as possible
				  to the exit door opening and on the latch (knob) side.
(6) Staff must be appropriately trained in
				  the use of each type of extinguisher in the facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter D - GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION › Section 551.67 - Accessibility Provisions

Current through Reg. 49, No. 28; July 12, 2024
The physical plant must be designed for persons with
					 physical disabilities or mobility impairments and must comply with applicable
					 federal, state, and local requirements.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter D - GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION › Section 551.69 - Storage Requirements (All Facilities)

Current through Reg. 49, No. 28; July 12, 2024
(a) Bulk storage of hazardous items such as
				  janitor supplies and equipment must be provided in closets or spaces separate
				  from resident use areas. Closets or spaces must be maintained in a safe and
				  sanitary condition and ventilated in a manner commensurate with the use of the
				  closet or space.
(b) There must be
				  space for equipment for daily out-of-bed activity for all residents.
(c) There must be suitable storage space
				  accessible to the resident for personal possessions such as toys, televisions,
				  radios, prosthetic equipment, and clothing.
(d) Attics, mechanical rooms, boiler rooms,
				  and other similar areas must not be used for storage purposes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter D - GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION › Section 551.70 - Electrical Systems and HVAC - All Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Cooling and heating must be provided, as
				  necessary, for resident comfort. Heating systems in resident use areas must be
				  capable of maintaining a minimum temperature of 68 degrees Fahrenheit, and
				  cooling of 81 degrees Fahrenheit maximum, with humidity in the normal comfort
				  range.
(b) The facility must be
				  well ventilated using windows, mechanical ventilation, or a combination of
				  both. Rooms and areas which do not have outside windows and which are used by
				  residents or staff must be provided with functioning mechanical ventilation to
				  change the air on a basis commensurate with the room usage.
(c) Air systems must provide for the
				  induction and mixing of at least 10 percent outside fresh air into the facility
				  unless otherwise approved by the Texas Health and Human Services Commission
				  (HHSC), that is, 100 percent continuous recirculation of interior air in most
				  areas is not acceptable; or the system must be designed to meet the American
				  Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE)
				  requirements.
(d) Operable outside
				  windows must be provided with insect screens that prevent insect
				  entry.
(e) Rooms such as baths,
				  toilets, soiled linen, trash or garbage rooms, soiled utilities, janitor's
				  closets, and other such areas which produce odors, fumes, excessive moisture,
				  etc., must be provided with an exhaust system ducted to the exterior, meeting
				  nationally recognized standards for capacity and function.
(f) Electrical and mechanical systems must be
				  safe and in working order. HHSC may require the facility sponsor or licensee to
				  submit evidence to this effect, consisting of a written report by the local
				  fire marshal, city/county building official having jurisdiction, or a
				  registered professional engineer.
(g) Use of electrical appliances, devices,
				  and lamps must be such as not to overload circuits.
(h) Portable heaters and open-flame heating
				  devices are prohibited. All fuel burning devices must be vented. Working
				  fireplaces are acceptable if of safe design and construction, and if screened
				  or otherwise suitably enclosed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter D - GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION › Section 551.71 - Plumbing (All Facilities)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The water supply must be of safe, sanitary quality, suitable for use, and
				  adequate in quantity and pressure. The water must be obtained from a water
				  supply system; the location, construction, and operation approved by the Texas
				  Commission on Environmental Quality (TCEQ).
(b) Sewage must be discharged into a
				  state-approved sewerage system or septic system; otherwise, the sewage must be
				  collected, treated, and disposed of in a manner approved by TCEQ.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter D - GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION › Section 551.72 - Maintenance (All Facilities)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Walls, doors, and ceilings must be maintained free from holes, cracks, falling
				  plaster or paint, and must be cleaned and painted.
(b) Paint or plaster inside the building that
				  contains lead must be removed or covered so that it is not accessible to the
				  residents.
(c) All abandoned
				  utilities such as electrical wiring, ducts, and pipes must be removed from the
				  facility when no longer usable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter D - GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION › Section 551.73 - Environmental Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Pest
				  control.
(1) The facility must be kept free
				  of insects, rodents, and vermin. The least toxic and least flammable effective
				  chemicals must be used. Poisons must not be stored with food products and must
				  be under lock.
(2) Garbage and
				  trash must be stored in an enclosed container, protected against leakage,
				  contact with disease vectors, and access to animals. It must be stored in an
				  area separate from those used for the preparation and storage of food and must
				  be removed from the premises in conformity with state and local practices. A
				  garbage or trash container must be maintained free of accumulations and
				  coatings of garbage. A garbage storage area must be kept clean and in good
				  repair.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter D - GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION › Section 551.74 - Safety Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  facility must have a program to inspect, test, and maintain the fire alarm
				  system and must execute the program at least once every three months for large
				  facilities and at least once every six months for small facilities.
(1) The facility must contract with a company
				  that is registered by the State Fire Marshal's Office to execute the
				  program.
(2) The person who
				  performs a service under the contract must be licensed by the State Fire
				  Marshal's Office to perform the service and must complete, sign, and date an
				  inspection form similar to the inspection and testing form in NFPA 72 for a
				  service provided under the contract.
(3) The facility must ensure that fire alarm
				  system components that require visual inspection are visually inspected in
				  accordance with NFPA 72.
(4) The
				  facility must ensure that fire alarm system components that require testing are
				  tested in accordance with NFPA 72.
(5) The facility must ensure that fire alarm
				  system components that require maintenance are maintained in accordance with
				  NFPA 72.
(6) The facility must
				  ensure that smoke dampers are inspected and tested in accordance with NFPA
				  101.
(7) The facility must maintain
				  onsite documentation of compliance with this subsection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter F - INSPECTIONS, SURVEYS, AND VISITS › Section 551.191 - Procedural Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Texas Health and Human Services Commission (HHSC) inspection and survey staff
				  must perform inspections, surveys, follow-up visits, complaint investigations,
				  investigations of abuse or neglect, and other contact visits from time to time
				  as HHSC deems appropriate or as required for carrying out the responsibilities
				  of licensing.
(b) A qualified
				  surveyor or a team, of which one member is a specialized staff person who has
				  expertise in developmental disabilities, conducts an inspection.
(c) To determine standard compliance that
				  cannot be determined during regular working hours, HHSC may conduct night or
				  weekend inspections to cover specific segments of operation. HHSC completes the
				  inspections with the least possible interference to staff and
				  residents.
(d) Generally, HHSC does
				  not announce an inspection, survey, complaint investigation, or other visit,
				  whether routine or non-routine, made for determining the appropriateness of
				  resident care and day-to-day operations of a facility.
(e) HHSC may announce certain visits,
				  including:
(1) an initial life safety code
				  inspection;
(2) a life safety code
				  capacity increase inspection;
(3) a
				  final construction inspection;
(4)
				  a visit to determine the progress of physical plant construction or repairs,
				  equipment installation or repairs, or systems installation or repairs;
				  or
(5) a visit resulting from an
				  emergency, including a fire, a windstorm, or malfunctioning or nonfunctioning
				  electrical or mechanical systems.