(a) The provider must:
(1) be a responsible, mature, healthy adult (18 years
of age or older) capable of meeting the needs of the residents in
the home;
(2) be physically and mentally able to perform all
the required duties and tasks;
(3) be able to communicate directly with the resident
and the resident's family;
(4) show evidence of an examination for tuberculosis
performed within six months prior to the date of enrollment from a
licensed physician or a local health department with negative results
or, if the results are positive, provide a physician's statement that
the disease is non-communicable;
(5) not deliver direct services when the provider has
a communicable disease or illness, but ensure that a resident's needs
are met by an approved substitute provider;
(6) ensure that persons whose behavior or health status
endangers the residents are not allowed at the home;
(7) provide, at the time of enrollment, three references
for the provider and the substitute provider from persons not related
to the provider or substitute provider;
(8) not be the spouse of a resident in the provider's
care;
(9) live in and share the same household (i.e., have
common living areas that are not detached from the home) with the
residents;
(10) be the primary caregiver of the residents;
(11) be the owner or lessee of the adult foster home;
(12) submit to the Department of Aging and Disability
Services (DADS) a statement providing information concerning any felony
or misdemeanor convictions, and any pending criminal charges against
the provider before enrollment and, if the information changes, during
the term of its contract;
(13) have at least one approved substitute provider,
who the provider is responsible for paying, before the enrollment
process is completed;
(14) receive orientation covering the topics listed
on the adult foster care program orientation checklist before serving
residents, and familiarize all substitute providers with the topics;
(15) participate in six hours of in-service training
annually on topics approved by DADS, which must include:
(A) training on acquired immune deficiency syndrome,
human immune deficiency virus, and cultural diversity within one year
after enrollment, unless DADS grants a 60-day extension; and
(B) training on first aid within two years after enrollment,
unless DADS grants a 60-day extension, and annually thereafter;
(16) demonstrate the ability to read and comprehend
the minimum standards for adult foster care, the resident and provider
agreements, service plans, and DADS directives, unless the provider
enrolled as an AFC provider before January 1, 1994;
(17) prior to initial enrollment, demonstrate and maintain
financial stability, independent of DADS provider payment, and demonstrate
the ability to meet existing financial obligations;
(18) not represent any other residential settings that
the provider owns or operates as DADS-enrolled homes and report Texas
Department of Family and Protective Services investigations of these
settings to DADS; and
(19) agree to abide by all policies and procedures
of DADS.
(b) A person who is barred from employment under Chapter
250 of the Texas Health and Safety Code may not be an AFC provider.
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