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(a)Basis in legislation. The licensing standards for assisted living facilities are promulgated under the authority of the Health and Safety Code, Chapter 247. Assisted living services are driven by a service philosophy that emphasizes personal dignity, autonomy, independence, and privacy. Assisted living services should enhance a person's ability to age in place in a residential setting while receiving increasing or decreasing levels of service as the person's needs change. (b)Scope. The licensing standards for assisted living facilities contain the minimum standards that a facility must meet in order to be licensed as an assisted living facility. The standards serve as a basis for survey activities for licensure. (1)An assisted living facility is an establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and provides personal care services. (A)The Texas Department of Human Services considers one or more facilities to be part of the same establishment and, therefore, subject to licensure as an assisted living facility, based on the following factors: (i)common ownership: (ii)physical proximity; (iii)shared services, personnel, or equipment in any part of the facilities' operations; and (iv)any public appearance of joint operations or of a relationship between the facilities. (B)The presence or absence of any one factor in subparagraph (A) of this paragraph is not conclusive. (2)A health care professional may provide services within the professional's scope of practice to a resident of an assisted living facility; however, a facility is not authorized to provide ongoing services comparable to the services available in a nursing facility licensed under Chapter 242, Health and Safety Code. Residents may contract to have home health services delivered. (c)Assisted living residents. General characteristics of assisted living residents include, but are not limited to, the following. A resident may: (1)exhibit symptoms of mental or emotional disturbance, but is not considered at risk of imminent harm to self or others; (2)need assistance with movement; (3)require assistance with bathing, dressing, and grooming; (4)require assistance with routine skin care, such as application of lotions, or treatment of minor cuts and burns; (5)need reminders to encourage toilet routine and prevent incontinence; (6)require temporary services by professional personnel; (7)need assistance with medications, supervision of self-medication, or administration of medication; (8)require encouragement to eat or monitoring due to social or psychological reasons of temporary illness; (9)be hearing impaired or speech impaired; (10)be incontinent without pressure sores; (11)require established therapeutic diets; (12)require self-help devices; and (13)need assistance with meals.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of
the Secretary of State on June 12, 2000
TRD-200004125 Paul Leche
General Counsel, Legal Services
Texas Department of Human
Services
Effective date: August 1, 2000
Proposal publication date: December 31, 1999
For further information, please call: (512) 438-3108
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