Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 72 - MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES › Subchapter A - MEMORANDA OF UNDERSTANDING FOR LONG-TERM CARE › Section 72.103 - Assisted Living Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Basis. The
				  Texas Department of Human Services, hereinafter referred to as DHS, the Texas
				  Office of the Attorney General, hereinafter referred to as OAG, and the Texas
				  Department of Protective and Regulatory Services, hereinafter referred to as
				  TDPRS are required under the provisions of Health and Safety Code §§
										247.046
				  and
				  247.062
				  to enter into a memorandum of understanding (MOU) regarding their respective
				  responsibilities, procedures, enforcement needs, and plans for correcting
				  violations or deficiencies in assisted living facilities. This MOU implements
				  those requirements.
(b) DHS
				  responsibilities.
(1) DHS accepts
				  applications and issues licenses in accordance with the requirements of Chapter
				  247, and DHS rules and standards adopted to implement the law.
(2) If DHS finds a licensed assisted living
				  facility operating in violation of minimum standards or licensing requirements
				  and the violation creates an immediate threat to the health and safety of a
				  resident in the facility, DHS may suspend the license or order the immediate
				  closing of all or part of the facility. DHS shall retain primary responsibility
				  for assisting families in finding new placements for individuals displaced when
				  facilities licensed by or subject to licensure by DHS are closed. DHS will
				  inquire whether a resident is receiving services from a mental health authority
				  (MHA) and will contact the MHA accordingly to ensure continuation of service
				  and placement assistance.
(3) DHS
				  shall investigate each allegation of abuse, exploitation, or neglect of a
				  resident of a assisted living facility in accordance with Chapter 247 of the
				  Health and Safety Code, Chapter 48 of the Human Resources Code, and DHS rules.
				  If the investigation reveals abuse, exploitation, or neglect, DHS shall
				  implement enforcement measures, including closing the facility, revoking the
				  facility's license, relocating residents, and making referrals to law
				  enforcement agencies (including the OAG) as appropriate.
(4) DHS may refer a facility to the OAG or a
				  local prosecuting attorney for the purpose of petitioning a district court for
				  a temporary restraining order to restrain a continuing violation of standards
				  or licensing requirements for assisted living facilities. If DHS finds that the
				  violation creates an immediate threat to the health and safety of the assisted
				  living facility residents, the referral is made to the OAG along with all
				  affidavits necessary to prosecute the case. If the violation does not create an
				  immediate threat to the health and safety of assisted living facility
				  residents, the referral is to a local prosecuting attorney. DHS, through the
				  OAG or a local prosecuting attorney, may petition a district court for a
				  restraining order to inspect a facility that is operating without a license
				  when admission to the facility cannot be obtained. In these inspection
				  situations, DHS shall first contact the local prosecuting attorney for
				  assistance.
(5) DHS shall cooperate
				  with the OAG and/or the local prosecuting attorney in the preparation and
				  prosecution of injunctive actions against assisted living facilities against
				  which DHS has requested legal proceedings.
(6) DHS may refer persons who do not possess
				  a license, or assisted living facilities that violate the Personal Care
				  Facility Licensing Act (Chapter 247 of the Health and Safety Code) or a rule
				  adopted under that act, whose violation threatens the health and safety of a
				  resident of a assisted living facility, to the OAG for the purpose of
				  petitioning a district court for civil penalties under section
				  247.045 of the
				  Health and Safety Code. DHS will refer civil penalty cases to the local
				  district attorney, county attorney, or city attorney if the OAG does not take
				  action within 30 days of the referral. DHS shall cooperate with the OAG and the
				  local prosecuting attorneys in the preparation for and prosecution of civil
				  penalty actions.