(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.
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