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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 553LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER AINTRODUCTION
RULE §553.5Types of Assisted Living Facilities

(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.


Source Note: The provisions of this §553.5 adopted to be effective August 31, 2021, 46 TexReg 5017

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