| (a) Basis for licensure type. A facility must be licensed
as a Type A or Type B facility. A facility's licensure type is based
on the capability of the residents to evacuate the facility, as described
in this section.
(b) Type A. In a Type A facility, a resident:
(1) must be physically and mentally capable of evacuating
the facility without physical assistance from staff, which may include
an individual who is mobile, although non-ambulatory, such as an individual
who uses a wheelchair or an electric cart, and has the capacity to
transfer and evacuate himself or herself in an emergency;
(2) does not require routine attendance during nighttime
sleeping hours;
(3) must be capable of following directions under emergency
conditions; and
(4) must be able to demonstrate to HHSC that they can
meet the evacuation requirements described in Subchapter D of this
chapter (relating to Facility Construction).
(c) Type B. In a Type B facility, a resident may:
(1) require staff assistance to evacuate;
(2) require attendance during nighttime sleeping hours;
(3) be incapable of following directions under emergency
conditions; and
(4) require assistance in transferring to and from
a wheelchair; but
(5) must not be permanently bedfast.
(d) Type C.
(1) A Type C facility is a four-bed facility that was
originally licensed by HHSC to provide adult foster care services
as described in 40 TAC Chapter 48, Subchapter K (relating to Minimum
Standards for Adult Foster Care).
(2) HHSC no longer issues Type C licenses and Type
C licensure is no longer a requirement to contract with HHSC to provide
adult foster care services. In accordance with 40 TAC Chapter 48,
Subchapter K, in order to contract with HHSC as a provider of adult
foster care services, an applicant must have a current license for
a Type A or Type B assisted living facility.
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