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.
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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; amended to be effective August 1, 2000, 25 TexReg 6361; amended to be effective May 1, 2001, 26 TexReg 2047 |
