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(a)An applicant may request that DADS issue, before
conducting an on-site health inspection, an initial license for a
Type A or Type B facility. The applicant must request the license
by submitting a form prescribed by and made available from DADS.
(b)If an applicant makes a request in accordance with
subsection (a) of this section, DADS determines the applicant is in
good standing, and the applicant complies with subsection (d) of this
section, the applicant is not required to admit a resident to the
facility or have the on-site health inspection described in §92.14(f)
of this subchapter (relating to Initial License Application Process
and Requirements) before DADS issues an initial license.
(c)For purposes of this section, an applicant is in
good standing if:
(1)one of the following conditions is met:
(A)the applicant has operated or been a controlling
person of a licensed Type A or Type B facility in Texas for at least
six consecutive years; or
(B)the applicant has not held a license for a Type
A or Type B facility, but a controlling person of the applicant has
operated or been a controlling person of a licensed Type A or Type
B facility in Texas for at least six consecutive years; and
(2)each licensed facility operated by the applicant
or the controlling person described in paragraph (1)(A) or (B) of
this subsection:
(A)has not had a violation of a licensing rule:
(i)that:
(I)resulted in actual harm to a resident, which is
defined as a negative outcome that compromises the resident's physical,
mental or emotional well-being; or
(II)posed an immediate threat of harm causing or likely
to cause serious injury, impairment, or death to a resident; and
(ii)that:
(I)the facility did not challenge;
(II)was affirmed; or
(III)is pending a final determination; and
(B)has not had a sanction imposed by DADS against
the facility during the six years before the date an application is
submitted that resulted in:
(i)a civil penalty;
(ii)an administrative penalty;
(iii)an injunction;
(iv)the denial, suspension, or revocation of a license;
or
(v)an emergency closure.
(d)An applicant that makes a request in accordance
with subsection (a) of this section must:
(1)submit to DADS:
(A)the applicant's policies and procedures;
(B)evidence that the applicant has complied with §92.123
of this chapter (relating to Investigation of Facility Employees);
and
(C)documentation that the applicant's employees have
the credentials described in §92.41(a) of this chapter (relating
to Standards for Type A and Type B Assisted Living Facilities); and
(2)comply with §92.14(d) of this subchapter and §92.11(c)(1)(A)
- (C) of this subchapter (relating to Criteria for Licensing).
(e)DADS issues an initial license to an applicant
that makes a request in accordance with subsection (a) of this section
if DADS determines that an applicant:
(1)is in good standing;
(2)has submitted information in accordance with subsection
(d)(1) of this section that complies with this chapter; and
(3)is in compliance with the requirements of Subchapter
D of this chapter (relating to Facility Construction), including meeting
the requirements of a Life Safety Code (LSC) inspection within 120
days after the date DADS conducts the initial LSC inspection.
(f)DADS conducts an on-site health inspection within
90 days after the date DADS issues a license in accordance with subsection
(e) of this section. The on-site health inspection includes DADS observation
of the facility's provision of care to at least one resident.
(g)Until a facility that is issued an initial license
under this section meets the requirements of the on-site health inspection
described in subsection (f) of this section, the facility must attach
a written addendum to the disclosure statement required by §92.41(d)(1)
of this chapter as notice to a resident or a prospective resident
that the facility has not met the requirements of the on-site health
inspection. At a minimum, the addendum must state that:
(1)the facility has not met the requirements of an
initial on-site health inspection for a license; and
(2)DADS will conduct an on-site health inspection
for licensure within 90 days after the date the license is issued.
The agency certifies that legal counsel has
reviewed the adoption and found it to be a valid exercise of the agency's
legal authority.
Filed with the Office
of the Secretary of State on August 30, 2016
TRD-201604573 Lawrence Hornsby
General Counsel
Department of Aging and Disability Services
Effective date: September 19, 2016
Proposal publication date: April 22, 2016
For further information, please call: (512) 438-2235
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