Types of personal care 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 in the event of an emergency. This may include the mobile nonambulatory, e.g., persons in wheelchairs or electric carts having 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 a personal care facility license. (A) After January 1, 1997, and 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 a personal care 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) After January 1, 1997, 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 Personal Care 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 D. An establishment which qualifies as a personal care facility under §92.2(b)(1)(A) of this title (relating to Basis and Scope), operated by a person certified by the Texas Department of Mental Health and Mental Retardation (TDMHMR) as a provider in a §1915(c) waiver program and providing personal care services only to persons in such a program, or any other programs identified in a
memorandum of understanding (MOU) between DHS and TDMHMR as being similar to Home and Community-based Services (HCS), will be deemed licensed as a Type D facility without having to apply for a personal care facility license. (A) After the effective date of this rule and at least 45 days prior to recertification with TDMHMR, the facility must submit an application and fee for a personal care license. Failure to submit the application and fee at least 45 days prior to the date of recertification with TDMHMR will result in loss of deemed licensure. (B) A facility applying for licensure as a Type D facility after the effective date of this rule must be certified by TDMHMR at the time of application to the Texas Department of Human Services.
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| Source Note: The provisions of this §92.4 adopted to be effective August 31, 1993, 18 TexReg 2697; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective November 1, 1996, 21 TexReg 10310; amended to be effective August 1, 1998, 23 TexReg 7036.
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