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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 90INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER AINTRODUCTION
RULE §90.2Scope

(a) The purpose of this chapter is to promote the 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 mental retardation or a related condition.

(b) The term "facility serving persons with mental retardation 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 mental retardation or related conditions; and provides in a protected setting continuous evaluation, planning, 24-hour supervision, 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 mental retardation or related conditions must have a diagnosis of mental retardation 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 of 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 mental retardation because this condition results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with mental retardation 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.

(c) This chapter does not apply to an establishment that:

  (1) provides training, habilitation, rehabilitation or education to individuals with mental retardation or a related condition; is operated under the jurisdiction of a state or federal agency, including the department, the Texas Rehabilitation Commission, the Texas Department of Mental Health and Mental Retardation, the Texas Commission for the Blind, the Texas Commission on Alcohol and Drug Abuse, the institution division of the Texas Department of Criminal Justice, or the Veterans' Administration; and is certified through inspection or evaluation as meeting the standards established by the state or federal agency; or

  (2) is conducted by or for the adherents of a well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend exclusively on prayer or spiritual means for healing, without the use of any drug or material remedy, if the establishment complies with safety, sanitary, and quarantine laws and rules.


Source Note: The provisions of this §90.2 adopted to be effective August 31, 1993, 18 TexReg 2557; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective May 1, 1995, 20 TexReg 1659; amended to be effective May 1, 1998, 23 TexReg 4060.

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