| (a) During a service planning team meeting to develop
an enrollment, a revised, or a renewal IPP, a case manager must inform
an individual or LAR of the following if the individual is interested
in receiving licensed assisted living:
(1) that if the individual or LAR selects licensed
assisted living, the individual or LAR will be responsible for paying
the cost of room and board in accordance with a residential agreement
described in subsections (b) and (c) of this section;
(2) that if the individual or LAR does not pay room
and board as required by a residential agreement, the individual's
program provider may evict the individual in accordance with the residential
agreement and state law; and
(3) that if the program provider evicts the individual:
(A) the individual will not receive licensed assisted
living until the delinquent room and board is paid; and
(B) the IPC will be revised to own home or family home
if the delinquent room and board is not paid.
(b) An individual's program provider must ensure that
an individual receiving licensed assisted living has a written residential
agreement with the program provider.
(c) The residential agreement required by subsection
(b) of this section must include:
(1) the physical address of the residence;
(2) the name of the individual;
(3) the name of the program provider;
(4) the beginning date of the residential agreement;
(5) the date the residential agreement expires;
(6) a provision that:
(A) the program provider and the individual or LAR
agree that the residential agreement is a "lease," as defined in Texas
Property Code Chapter 92 and that they are subject to state law governing
residential tenancies, including Texas Property Code Chapters 24,
91, and 92 and the Texas Rules of Civil Procedure Rule 510;
(B) to the extent allowed by law, in the event of a
conflict or inconsistency between any provision of the residential
agreement and any provision of state statutory law, including Texas
Property Code Chapters 91 and 92, the provision in the residential
agreement governs;
(C) the individual or LAR is not waiving any right
or remedy provided to tenants under state law, including the Texas
Fair Housing Act in Texas Property Code Chapter 301, and is not agreeing
to any notice period that is shorter than the notice period to which
tenants are entitled under state law;
(D) allows the individual to terminate the residential
agreement before its expiration date without any obligation under
the residential agreement except an obligation that accrued before
the date of termination, if the individual permanently moves from
the residence for any reason, including transferring to a different
program provider;
(E) if the individual permanently moves from the residence,
the program provider agrees to refund any amount the individual has
paid under the residential agreement for days the individual did not
reside in the residence;
(F) an amount refunded under the circumstances described
in paragraph (13) of this subsection will be calculated by:
(i) dividing the monthly amount the individual pays
under the residential agreement by the number of days in the month;
and
(ii) multiplying the quotient from subparagraph (A)
of this paragraph by the number of days for which the individual paid
but did not reside in the residence;
(G) the individual may furnish and decorate the individual's
bedroom;
(H) the program provider agrees to be responsible for
all repairs to the residence resulting from normal wear and tear,
as defined in Texas Property Code §92.001;
(I) the individual will pay for damages to property
in the residence if the individual caused the damage and the damage
is not ordinary wear and tear;
(J) allows eviction of the individual only if:
(i) the individual or LAR fails to pay room or board,
which does not include any late fee; or
(ii) the individual's DBMD Program services are terminated;
(K) the program provider will, before giving the individual
or LAR a notice to vacate, give the individual or LAR a notice of
proposed eviction that allows the individual or LAR at least 60 calendar
days to pay the delinquent room or board;
(L) if the individual or LAR pays the delinquent room
and board within the period required by subparagraph (K) of this paragraph,
the program provider will not give the individual or LAR a notice
to vacate or otherwise proceed to evict the individual; and
(M) the program provider will not accelerate the entire
balance of the unpaid room and board owed under the remainder of the
term of the residential agreement if the individual or LAR violates
the residential agreement and the violation does not result in an
eviction;
(7) the amount the individual or LAR is paying for
room and board;
(8) the day of the month that the amount for room and
board is due, which must not be before the day of the month an individual
receives a primary source of income such as supplemental security
income and social security disability insurance;
(9) the amount of a late fee, if any, which may be
charged only once per month and must not exceed 10 percent of the
amount for room and board, that the program provider may charge the
individual or LAR if room and board is not paid by the third day after
it is due; and
(10) the signature of the program provider and individual
or the LAR.
(d) A program provider must:
(1) give the individual or LAR at least three calendar
days to review, request changes, and sign the residential agreement;
(2) ensure the residential agreement is fully executed
before the individual begins living in a residence in which licensed
assisted living is provided, except that the individual may begin
living in such a residence before the residential agreement is fully
executed in the event of an emergency;
(3) if an individual begins living in a residence in
which licensed assisted living is provided before a residential agreement
is fully executed because of an emergency, as allowed by paragraph
(2) of this subsection:
(A) document the details of the emergency; and
(B) ensure the residential agreement is fully executed
within seven calendar days after the individual begins living in the
residence; and
(4) provide one copy of the residential agreement to
the individual or LAR within three business days after the date the
residential agreement is fully executed.
(e) If a program provider becomes aware that a modification
to the provision in the residential agreement that the individual
may furnish and decorate the individual's bedroom is needed based
on a specific assessed need of an individual, the program provider
must:
(1) notify the case manager of the needed modification;
and
(2) provide the case manager the documentation described
in §260.403(b)(2) of this chapter (relating to Requirements for
Program Provider-Owned Residential Settings).
(f) If a case manager receives a notification and documentation
as described in subsection (e) of this section, the case manager must
convene a meeting of the service planning team to revise the individual's
IPP in accordance with §260.403(b) of this chapter.
(g) After the service planning team revises the individual's
IPP, as required by subsection (f) of this section, the program provider
may implement the modification.
(h) If an individual or LAR is delinquent in payment
of room or board and the program provider wants to evict the individual,
the program provider must:
(1) notify the case manager that the individual or
LAR is delinquent in the payment of room or board under the residential
agreement and that the program provider wants to evict the individual;
(2) after providing the notification required by paragraph
(1) of this subsection, meet with the individual or LAR, including
the representative payee if one has been appointed by the Social Security
Administration, and the case manager to discuss the alleged non-payment
of room or board and options to prevent an eviction; and
(3) if the program provider intends to proceed to evict
the individual, at the meeting required by paragraph (2) of this subsection:
(A) give the individual or LAR a written notice of
proposed eviction that allows the individual or LAR at least 60 calendar
days to pay the delinquent room and board; and
Cont'd... |
