|
Types of assisted living facilities are as follows. (1)Type A. In a Type A facility a resident: (A)must be physically and mentally capable of evacuating the facility unassisted. This may include mobile nonambulatory persons such as those who are in wheelchairs or electric carts and have the capacity to transfer and evacuate themselves in an emergency; (B)does not require routine attendance during nighttime sleeping hours; and (C)must be capable of following directions under emergency conditions. (2)Type B. In a Type B facility a resident may: (A)require staff assistance to evacuate; (B)be incapable of following directions under emergency conditions; (C)require attendance during nighttime sleeping hours; or (D)not be permanently bedfast, but may require assistance in transferring to and from a wheelchair. (3)Type C. A four-bed facility which meets the minimum standards and program rules for enrollment with the Texas Department of Human Services as an adult foster care facility and is so enrolled on the effective date of this rule will be deemed licensed as a Type C facility without having to apply for an assisted living facility license. (A)At least 45 days prior to the renewal of its enrollment as an adult foster care facility, the facility must submit an application and fee for an assisted living license. (B)Failure to submit the application and fee prior to the date of re-enrollment as an adult foster care facility will result in loss of deemed licensure. (C)A facility seeking licensure as a Type C facility must meet the requirements of this chapter with the exception of those found in §92.41 of this title (relating to Standards for Assisted Living Facilities) and §§92.61-92.63 of this title (relating to Introduction and Application; General Requirements; and Plans, Approvals, and Construction Procedures), in lieu of which the facility must meet the minimum standards found in §§48.8901-48.8907 of this title (relating to Minimum Standards; Provider Qualifications; Substitute Provider Qualifications; Individuals Who May Not Provide Adult Foster Care Services; Home Enrollment Requirements; Enrollment and Licensure Requirements; and Provider Responsibilities). (4)Type E. (A)Limitation on types of residents. In a Type E facility, a resident: (i)must be physically and mentally capable of evacuating the facility unassisted. This may include persons who are mobile, although nonambulatory, such as persons in wheelchairs or electric carts having the capacity to transfer and evacuate themselves in an emergency; (ii)must not require routine attendance during nighttime sleeping hours; and (iii)must be capable of following directions under emergency conditions. (B)Limitation on types of services. Notwithstanding any other provision in this chapter, Type E facilities may only provide medication supervision, in accordance with Health and Safety Code §247.002(5)(B), and general supervision of residents' welfare, in accordance with Health and Safety Code §247.002(5)(C), and may not provide substantial assistance with the activities of daily living, as described by Health and Safety Code §247.002(5)(A) - assistance with meals, dressing, movement, bathing, or other personal needs or maintenance.
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 February 22, 2001
TRD-200101109 Paul Leche
General Counsel, Legal Services
Texas
Department of Human Services
Effective date: May 1, 2001
Proposal publication date: September 1, 2000
For further information, please call: (512) 438-3108
|
