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(a)An applicant may request that DADS, before conducting
an on-site health inspection, issue an initial license for a Type
B facility and an Alzheimer's certification for the facility or a
distinct unit of the facility. The applicant must meet the requirements
of §92.21 of this subchapter (relating to Initial License for
a Type A or Type B Facility for an Applicant in Good Standing) for
the initial license and the requirements of this section for certification
of the facility or unit.
(b)An applicant must request certification by submitting
forms prescribed by and made available from DADS and include the fee
described in §92.4 of this chapter (relating to Licensing Fees).
(c)An applicant that makes a request in accordance
with subsection (a) of this section is not required to admit a resident
to the facility or unit 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 certifies the facility
or unit if DADS determines that the applicant is in good standing:
(1)for the issuance of an initial license of the facility
in accordance with §92.21(c) of this chapter; and
(2)for certification of the facility or unit in accordance
with subsection (d) of this section.
(d)An applicant is in good standing to obtain certification
of a facility or unit if:
(1)for at least six consecutive years before applying
for certification:
(A)the applicant has been:
(i)the license holder for an Alzheimer's certified
facility in Texas or a facility in Texas that has an Alzheimer's certified
unit; or
(ii)a controlling person of the license holder for
an Alzheimer's certified facility in Texas or a facility in Texas
that has an Alzheimer's certified unit; or
(B)a controlling person of the applicant has been:
(i)the license holder for an Alzheimer's certified
facility in Texas or a facility in Texas that has an Alzheimer's certified
unit; or
(ii)a controlling person of the license holder for
an Alzheimer's certified facility in Texas or a facility in Texas
that has an Alzheimer's certified unit;
(2)each licensed facility operated by the applicant
or the controlling person has not had a violation or sanction described
in §92.21(c)(2) of this subchapter; and
(3)each licensed facility operated by the applicant
or the controlling person has had no more than two violations listed
in §92.125(a) of this chapter (relating to Resident's Bill of
Rights and Provider Bill of Rights) during the six-year period immediately
before the applicant applied for certification.
(e)For purposes of subsection (d)(3) of this section,
a facility has a violation if:
(1)the applicant or controlling person operating the
facility did not challenge the violation;
(2)a final determination on the violation is pending;
or
(3)the violation was upheld.
(f)An applicant that makes a request in accordance
with subsection (a) of this section must submit to DADS for approval:
(1)the applicant's policies and procedures required
by §92.53 of this chapter (relating to Standards for Certified
Alzheimer's Assisted Living Facilities); and
(2)documentation demonstrating that the applicant
is complying with §92.53 and §92.123 of this chapter (relating
to Investigation of Facility Employees).
(g)DADS certifies a facility or unit after an applicant
makes a request in accordance with subsection (a) of this section
if DADS determines that the applicant:
(1)meets the good standing requirements described
in §92.21(c) of this subchapter and subsection (d) of this section;
(2)has submitted information in accordance with subsection
(f) of this section; and
(3)is in compliance with:
(A)§92.51 of this chapter (relating to Certification
of a Facility or Unit for Persons with Alzheimer's Disease and Related
Disorders); and
(B)§92.53(i) of this chapter.
(h)DADS conducts an on-site health inspection to determine
if the facility or unit meets the requirements of §92.53(a) -
(h) of this chapter within 90 days after the date DADS certifies a
facility or unit in accordance with subsection (g) of this section.
During the on-site health inspection, DADS must observe the provision
of care to at least one resident who has been admitted to the facility
or unit.
(i)Until a facility or unit that is issued a certification
under this section meets the requirements of the on-site health inspection
described in subsection (h) of this section, the facility must attach
a written addendum to the disclosure statement required by §92.53(d)
of this chapter to notify a resident or a prospective resident that
the facility or unit has not met the requirements of the on-site health
inspection. At a minimum, the addendum must state that:
(1)the facility or unit has not met the requirements
of an initial on-site health inspection for Alzheimer's certification;
and
(2)DADS will conduct an on-site health inspection
for Alzheimer's certification within 90 days after the date of certification.
(j)To obtain certification of a unit in a Type B facility
that is already licensed, a license holder must comply with §92.51
of this chapter (relating to Certification of a Facility or Unit for
Persons with Alzheimer's disease and Related Disorders).
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 March 27, 2017
TRD-201701315 Lawrence Hornsby
General Counsel
Department of Aging and Disability Services
Effective date: April 16, 2017
Proposal publication date: October 28, 2016
For further information, please call: (512) 438-2235
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