Texas Register

TITLE 40 SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 92LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER BAPPLICATION PROCEDURES
RULE §92.17Relocation
ISSUE 01/09/2009
ACTION Final/Adopted
Preamble No Rule Available

(a)Relocation is the closing of a facility and the movement of its residents to another location.

(b)A license holder must not relocate a facility without approval from DADS.

(c)Before a relocation, the license holder must submit an application for an initial license for the new location in accordance with §92.14 of this subchapter (relating to Initial Application Procedures and Requirements) and the fee required in §92.4 of this chapter (relating to License Fees).

(d)Residents must not be relocated until the new building has been inspected and approved as meeting the Life Safety Code licensure requirements in Subchapter D of this chapter (relating to Facility Construction).

(e)Following Life Safety Code approval by DADS, the license holder must notify DADS of the date the residents will be relocated.

(f)DADS issues a license for the new facility if the new facility meets the standards of operation and resident care based on an on-site health inspection. The effective date of the license is the date all residents are relocated.

(g)The license holder must continue to maintain the license at the current location and must continue to meet all requirements for operation of the facility until DADS has approved the relocation. The issuance of a license constitutes DADS' approval of the relocation. The license for the current location becomes invalid upon issuance of the new license for the new location.

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 December 23, 2008

TRD-200806682

Kenneth L. Owens

General Counsel

Department of Aging and Disability Services

Effective date: January 15, 2009

Proposal publication date: August 1, 2008

For further information, please call: (512) 438-3734



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