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 E - STANDARDS FOR LICENSURE › Section 553.259 - Admission Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Admission
				  policies and disclosure statement.
(1) A
				  facility must not admit or retain a resident whose needs cannot be met by the
				  facility and who cannot secure the necessary services from an outside resource.
				  As part of the facility's general supervision and oversight of the physical and
				  mental well-being of its residents, the facility remains responsible for all
				  care provided at the facility. If the individual is appropriate for placement
				  in a facility, then the decision that additional services are necessary and can
				  be secured is the responsibility of facility management with written
				  concurrence of the resident, resident's attending physician, or legal
				  representative. Regardless of the possibility of "aging in place" or securing
				  additional services, the facility must meet all NFPA 101 and physical plant
				  requirements in Subchapter D of this chapter (relating to Facility
				  Construction), and, as applicable, §553.311 (relating to Physical Plant
				  Requirements for Alzheimer's Units), based on each resident's evacuation
				  capabilities, except as provided in subsection (e) of this section.
(2) There must be a written admission
				  agreement between the facility and the resident. The agreement must specify
				  such details as services to be provided and the charges for the services. If
				  the facility provides services and supplies that could be a Medicare benefit,
				  the facility must provide the resident a statement that such services and
				  supplies could be a Medicare benefit.
(3) A facility must share a copy of the
				  facility disclosure statement, rate schedule, and individual resident service
				  plan with outside resources that provide any additional services to a resident.
				  Outside resources must provide facilities with a copy of their resident care
				  plans and must document, at the facility, any services provided, on the day
				  provided.
(4) In addition to the
				  facility disclosure statement, a facility that advertises, markets, or
				  otherwise promotes that it provides services, including memory care services,
				  to residents with Alzheimer's disease and related disorders, must provide to
				  each resident the Assisted Living Facility Memory Care Disclosure Statement.
				  The facility must disclose whether the facility is certified to provide
				  specialized care to residents with Alzheimer's disease or related disorders.
(A) A facility that is Alzheimer's certified
				  and provides the Assisted Living Facility Memory Care Disclosure Statement to a
				  resident, must also provide HHSC Form 3641, Alzheimer's Assisted Living
				  Facility Disclosure Statement.
(B)
				  A facility that is not Alzheimer's certified and provides the Assisted Living
				  Facility Memory Care Disclosure Statement, to a resident does not need to
				  provide HHSC form 3641, Alzheimer's Assisted Living Disclosure
				  Statement.
(5) Each
				  resident must have a health examination by a physician performed within 30 days
				  before admission or 14 days after admission, unless a transferring hospital or
				  facility has a physical examination in the medical record.
(6) The facility must secure at the time of
				  admission of a resident the following identifying information:
(A) full name of resident;
(B) social security number;
(C) usual residence (where resident lived
				  before admission);
(D)
				  sex;
(E) marital status;
(F) date of birth;
(G) place of birth;
(H) usual occupation (during most of working
				  life);
(I) family, other persons
				  named by the resident, and physician for emergency notification;
(J) pharmacy preference; and
(K) Medicaid/Medicare number, if
				  available.