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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 260DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER FSERVICE DESCRIPTIONS AND REQUIREMENTS
DIVISION 3REQUIREMENTS FOR OTHER DBMD PROGRAM SERVICES
RULE §260.351Residential Services

        (II) accessible to service providers.

  (7) A program provider must ensure:

    (A) an individual successfully participates in a fire drill within 48 hours after the individual moves into the residence;

    (B) all individuals in the residence successfully participate in a fire drill at least every 90 calendar days, with at least two drills per year conducted when at least one individual is sleeping; and

    (C) an individual successfully participates in a fire drill within 48 hours after a change occurs in the individual's condition that may negatively affect the individual's ability to participate in a fire drill.

  (8) A program provider must ensure:

    (A) the residence has furnishings that are safe for the individual in all common areas;

    (B) a bedroom in the residence:

      (i) has at least:

        (I) 80 square feet of floor space for a single occupancy room; and

        (II) 60 square feet of floor space per individual in a double occupancy room;

      (ii) was built as a bedroom when the residence was built, or was remodeled under a permit that meets local building codes;

      (iii) is finished with walls or partitions of standard construction that go from floor to ceiling;

      (iv) is adequately ventilated and lighted;

      (v) has at least one window that will open freely and remain open from the inside without special tools;

      (vi) has no more than two beds in any room;

      (vii) has adequate drawer and closet space; and

      (viii) provides comfortable sleeping arrangements for the individual;

    (C) the residence has a common telephone or other communication system usable by the individual and for which:

      (i) an individual has an opportunity to have input on residence procedures concerning:

        (I) time limits on calls; and

        (II) privacy during an individual's use of the phone; and

      (ii) a program provider does not charge an individual for local calls; and

    (D) bathrooms have adequate supplies of towels, washcloths, soap, and toilet tissue at all times.

  (9) A program provider must ensure that an individual living in a residence where the individual receives licensed home health assisted living has a written "lease," as defined in Texas Property Code Chapter 92, with the owner of the residence or with an individual who leases from the owner of the residence. The lease must provide the same responsibilities and protections against eviction that tenants have under state law governing residential tenancies, including Texas Property Code Chapters 24, 91, and 92 and the Texas Rules of Civil Procedure Rule 510.


Source Note: The provisions of this §260.351 adopted to be effective February 26, 2023, 48 TexReg 896

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