Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 278 - ADULT FOSTER CARE (AFC) PROGRAM › Subchapter B - MINIMUM STANDARDS FOR ADULT FOSTER CARE › Section 278.103 - Provider Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  provider must:
(1) be a responsible, mature,
				  healthy adult (18 years of age or older) capable of meeting the needs of the
				  residents in the home;
(2) be
				  physically and mentally able to perform all the required duties and
				  tasks;
(3) be able to communicate
				  directly with the resident and the resident's family;
(4) show evidence of an examination for
				  tuberculosis performed within six months prior to the date of enrollment from a
				  licensed physician or a local health department with negative results or, if
				  the results are positive, provide a physician's statement that the disease is
				  non-communicable;
(5) not deliver
				  direct services when the provider has a communicable disease or illness, but
				  ensure that a resident's needs are met by an approved substitute
				  provider;
(6) ensure that persons
				  whose behavior or health status endangers the residents are not allowed at the
				  home;
(7) provide, at the time of
				  enrollment, three references for the provider and the substitute provider from
				  persons not related to the provider or substitute provider;
(8) not be the spouse of a resident in the
				  provider's care;
(9) live in and
				  share the same household (i.e., have common living areas that are not detached
				  from the home) with the residents;
(10) be the primary caregiver of the
				  residents;
(11) be the owner or
				  lessee of the adult foster home;
(12) submit to the Department of Aging and
				  Disability Services (DADS) a statement providing information concerning any
				  felony or misdemeanor convictions, and any pending criminal charges against the
				  provider before enrollment and, if the information changes, during the term of
				  its contract;
(13) have at least
				  one approved substitute provider, who the provider is responsible for paying,
				  before the enrollment process is completed;
(14) receive orientation covering the topics
				  listed on the adult foster care program orientation checklist before serving
				  residents, and familiarize all substitute providers with the topics;
(15) participate in six hours of in-service
				  training annually on topics approved by DADS, which must include:
(A) training on acquired immune deficiency
				  syndrome, human immune deficiency virus, and cultural diversity within one year
				  after enrollment, unless DADS grants a 60-day extension; and
(B) training on first aid within two years
				  after enrollment, unless DADS grants a 60-day extension, and annually
				  thereafter;
(16)
				  demonstrate the ability to read and comprehend the minimum standards for adult
				  foster care, the resident and provider agreements, service plans, and DADS
				  directives, unless the provider enrolled as an AFC provider before January 1,
				  1994;
(17) prior to initial
				  enrollment, demonstrate and maintain financial stability, independent of DADS
				  provider payment, and demonstrate the ability to meet existing financial
				  obligations;
(18) not represent any
				  other residential settings that the provider owns or operates as DADS-enrolled
				  homes and report Texas Department of Family and Protective Services
				  investigations of these settings to DADS; and
(19) agree to abide by all policies and
				  procedures of DADS.