Texas Register

TITLE 40 SOCIAL SERVICES AND ASSISTANCE
PART 1TEXAS DEPARTMENT OF HUMAN SERVICES
CHAPTER 92LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER DFACILITY CONSTRUCTION
RULE §92.64Plans, Approvals, and Construction Procedures
ISSUE 01/24/2003
ACTION Proposed
Preamble No Rule Available

Texas Department of Human Services (DHS) reviews [ will review] plans for new buildings, additions, conversion of buildings not licensed by DHS, or remodeling of existing licensed facilities. DHS informs [will, within 30 days, inform] the applicant of the results of the review within 30 days. If the plans comply with DHS's architectural requirements, DHS may not subsequently change the architectural requirement applicable to the project unless the change is required by federal law or the applicant fails to complete the project within a reasonable time.

  (1) - (3)(No change.)

  (4)Initial survey of completed construction.

    (A)(No change.)

    (B)After DHS surveys the completed construction [has been surveyed by DHS] and finds it [found ] acceptable, DHS forwards this information [will be forwarded] to the [DHS] Facility Enrollment [ Licensing] Section as part of the information needed to issue a license to the facility. In the case of additions or remodeling of existing facilities, a revision or modification to an existing license may be necessary. Note that the building, including basic furnishings and operational needs, grades, drives, and parking must [essentially] be essentially 100% complete at the time of this initial visit for occupancy approval and licensing. A facility may accept up to three residents between the time it receives initial approval from DHS and the time the license is issued unless a provisional license has been granted.

    (C)(No change.)

  (5)(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 10, 2003

TRD-200300112

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: February 23, 2003

For further information, please call: (512) 438-3734



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