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Texas Administrative Code (Last Updated: March 27,2024) |
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TITLE 26. HEALTH AND HUMAN SERVICES |
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PART 1. HEALTH AND HUMAN SERVICES COMMISSION |
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CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES |
| SUBCHAPTER A. INTRODUCTION |
| § 553.1. Purpose and Application |
| § 553.3. Definitions |
| § 553.5. Types of Assisted Living Facilities |
| § 553.7. Assisted Living Facility Services |
| § 553.9. General Characteristics of a Resident |
| SUBCHAPTER B. LICENSING |
| § 553.17. Criteria for Licensing |
| § 553.19. General Application Requirements |
| § 553.21. Time Periods for Processing All Types of License Applications |
| § 553.23. Initial License Application Procedures and Requirements |
| § 553.25. Initial License for a Type A or Type B Facility for an Applicant in Good Standing |
| § 553.27. Certification of a Type B Facility or Unit for Persons with Alzheimer's Disease and Related Disorders |
| § 553.29. Alzheimer's Certification of a Type B Facility for an Initial License Applicant in Good Standing |
| § 553.31. Provisional License |
| § 553.33. Renewal Procedures and Qualifications |
| § 553.35. Change of Ownership and Notice of Changes |
| § 553.37. Relocation |
| § 553.39. Increase in Capacity |
| § 553.41. Decrease in Capacity |
| § 553.43. Disclosure of Facility Identification Number |
| § 553.47. License Fees |
| SUBCHAPTER D. FACILITY CONSTRUCTION |
| DIVISION 1. GENERAL PROVISIONS |
| § 553.100. General Requirements |
| § 553.101. Definitions |
| DIVISION 2. PROVISIONS APPLICABLE TO ALL FACILITIES |
| § 553.103. Site and Location for all Assisted Living Facilities |
| § 553.104. Safety Operations |
| DIVISION 3. BUILDING REHABILITATION |
| § 553.107. Building Rehabilitation |
| DIVISION 4. EXISTING SMALL TYPE A ASSISTED LIVING FACILITIES |
| § 553.110. General Requirements for an Existing Small Type A Assisted Living Facility |
| § 553.111. Construction Requirements for an Existing Small Type A Assisted Living Facility |
| § 553.112. Space Planning and Utilization Requirements for an Existing Small Type A Assisted Living Facility |
| § 553.113. Means of Escape Requirements for an Existing Small Type A Assisted Living Facility |
| § 553.115. Fire Protection Systems Requirements for an Existing Small Type A Assisted Living Facility |
| § 553.116. Hazardous Area Requirements for an Existing Small Type A Assisted Living Facility |
| § 553.117. Mechanical Requirements for an Existing Small Type A Assisted Living Facility |
| § 553.118. Electrical Requirements for an Existing Small Type A Assisted Living Facility |
| § 553.119. Miscellaneous Requirements for an Existing Small Type A Assisted Living Facility |
| DIVISION 5. EXISTING SMALL TYPE B ASSISTED LIVING FACILITIES |
| § 553.120. General Requirements for an Existing Small Type B Assisted Living Facility |
| § 553.121. Construction Requirements for an Existing Small Type B Assisted Living Facility |
| § 553.122. Space Planning and Utilization Requirements for an Existing Small Type B Assisted Living Facility |
| § 553.123. Means of Escape Requirements for an Existing Small Type B Assisted Living Facility |
| § 553.125. Fire Protection Systems Requirements for an Existing Small Type B Assisted Living Facility |
| § 553.126. Hazardous Area Requirements for an Existing Small Type B Assisted Living Facility |
| § 553.127. Mechanical Requirements for an Existing Small Type B Assisted Living Facility |
| § 553.128. Electrical Requirements for an Existing Small Type B Assisted Living Facility |
| § 553.129. Miscellaneous Requirements for an Existing Small Type B Assisted Living Facility |
| DIVISION 6. EXISTING LARGE TYPE A ASSISTED LIVING FACILITIES |
| § 553.130. General Requirements for an Existing Large Type A Assisted Living Facility |
| § 553.131. Construction Requirements for an Existing Large Type A Assisted Living Facility |
| § 553.132. Space Planning and Utilization Requirements for an Existing Large Type A Assisted Living Facility |
| § 553.133. Means of Egress Requirements for an Existing Large Type A Assisted Living Facility |
| § 553.134. Smoke Compartmentation for an Existing Large Type A Assisted Living Facility |
| § 553.135. Fire Protection Systems Requirements for an Existing Large Type A Assisted Living Facility |
| § 553.136. Hazardous Area Requirements for an Existing Large Type A Assisted Living Facility |
| § 553.137. Mechanical Requirements for an Existing Large Type A Assisted Living Facility |
| § 553.138. Electrical Requirements for an Existing Large Type A Assisted Living Facility |
| § 553.139. Miscellaneous Requirements for an Existing Large Type A Assisted Living Facility |
| DIVISION 7. EXISTING LARGE TYPE B ASSISTED LIVING FACILITIES |
| § 553.140. General Requirements for an Existing Large Type B Assisted Living Facility |
| § 553.141. Construction Requirements for an Existing Large Type B Assisted Living Facility |
| § 553.142. Space Planning and Utilization Requirements for an Existing Large Type B Assisted Living Facility |
| § 553.143. Means of Egress Requirements for an Existing Large Type B Assisted Living Facility |
| § 553.144. Smoke Compartmentation for an Existing Large Type B Assisted Living Facility |
| § 553.145. Fire Protection Systems Requirements for an Existing Large Type B Assisted Living Facility |
| § 553.146. Hazardous Area Requirements for an Existing Large Type B Assisted Living Facility |
| § 553.147. Mechanical Requirements for an Existing Large Type B Assisted Living Facility |
| § 553.148. Electrical Requirements for an Existing Large Type B Assisted Living Facility |
| § 553.149. Miscellaneous Requirements for an Existing Large Type B Assisted Living Facility |
| DIVISION 8. NEW SMALL TYPE A ASSISTED LIVING FACILITIES |
| § 553.210. General Requirements for a New Small Type A Assisted Living Facility |
| § 553.211. Construction Requirements for a New Small Type A Assisted Living Facility |
| § 553.212. Space Planning and Utilization Requirements for a New Small Type A Assisted Living Facility |
| § 553.213. Means of Escape Requirements for a New Small Type A Assisted Living Facility |
| § 553.215. Fire Protection Systems Requirements for a New Small Type A Assisted Living Facility |
| § 553.216. Hazardous Area Requirements for a New Small Type A Assisted Living Facility |
| § 553.217. Mechanical Requirements for a New Small Type A Assisted Living Facility |
| § 553.218. Electrical Requirements for a New Small Type A Assisted Living Facility |
| § 553.219. Miscellaneous Requirements for a New Small Type A Assisted Living Facility |
| DIVISION 9. NEW SMALL TYPE B ASSISTED LIVING FACILITIES |
| § 553.220. General Requirements for a New Small Type B Assisted Living Facility |
| § 553.221. Construction Requirements for a New Small Type B Assisted Living Facility |
| § 553.222. Space Planning and Utilization Requirements for a New Small Type B Assisted Living Facility |
| § 553.223. Means of Escape Requirements for a New Small Type B Assisted Living Facility |
| § 553.225. Fire Protection Systems Requirements for a New Small Type B Assisted Living Facility |
| § 553.226. Hazardous Area Requirements for a New Small Type B Assisted Living Facility |
| § 553.227. Mechanical Requirements for a New Small Type B Assisted Living Facility |
| § 553.228. Electrical Requirements for a New Small Type B Assisted Living Facility |
| § 553.229. Miscellaneous Requirements for a New Small Type B Assisted Living Facility |
| DIVISION 10. NEW LARGE TYPE A ASSISTED LIVING FACILITIES |
| § 553.230. General Requirements for a New Large Type A Assisted Living Facility |
| § 553.231. Construction Requirements for a New Large Type A Assisted Living Facility |
| § 553.232. Space Planning and Utilization Requirements for a New Large Type A Assisted Living Facility |
| § 553.233. Means of Egress Requirements for a New Large Type A Assisted Living Facility |
| § 553.234. Smoke Compartmentation for a New Large Type A Assisted Living Facility |
| § 553.235. Fire Protection Systems Requirements for a New Large Type A Assisted Living Facility |
| § 553.236. Hazardous Area Requirements for a New Large Type A Assisted Living Facility |
| § 553.237. Mechanical Requirements for a New Large Type A Assisted Living Facility |
| § 553.238. Electrical Requirements for a New Large Type A Assisted Living Facility |
| § 553.239. Miscellaneous Requirements for a New Large Type A Assisted Living Facility |
| DIVISION 11. NEW LARGE TYPE B ASSISTED LIVING FACILITIES |
| § 553.240. General Requirements for a New Large Type B Assisted Living Facility |
| § 553.241. Construction Requirements for a New Large Type B Assisted Living Facility |
| § 553.242. Space Planning and Utilization Requirements for a New Large Type B Assisted Living Facility |
| § 553.243. Means of Egress Requirements for a New Large Type B Assisted Living Facility |
| § 553.244. Smoke Compartmentation for a New Large Type B Assisted Living Facility |
| § 553.245. Fire Protection Systems Requirements for a New Large Type B Assisted Living Facility |
| § 553.246. Hazardous Area Requirements for a New Large Type B Assisted Living Facility |
| § 553.247. Mechanical Requirements for a New Large Type B Assisted Living Facility |
| § 553.248. Electrical Requirements for a New Large Type B Assisted Living Facility |
| § 553.249. Miscellaneous Requirements for a New Large Type B Assisted Living Facility |
| SUBCHAPTER E. STANDARDS FOR LICENSURE |
| § 553.253. Employee Qualifications and Training |
| § 553.255. All Staff Policy for Residents with Alzheimer's Disease or a Related Disorder |
| § 553.257. Human Resources |
| § 553.259. Admission Policies and Procedures |
| § 553.261. Coordination of Care |
| § 553.263. Health maintenance activities |
| § 553.265. Resident Records and Retention |
| § 553.267. Rights |
| § 553.269. Access to Residents and Records by the State Long-Term Care Ombudsman Program |
| § 553.271. Postings |
| § 553.272. Advertisements, Solicitations, and Promotional Material |
| § 553.273. Abuse, Neglect, or Exploitation Reportable to HHSC by Facilities |
| § 553.275. Emergency Preparedness and Response |
| SUBCHAPTER F. ADDITIONAL LICENSING STANDARDS FOR CERTIFIED ALZHEIMER'S ASSISTED LIVING FACILITIES |
| § 553.301. Manager Qualifications and Training |
| § 553.303. Staff Training |
| § 553.305. Staffing |
| § 553.307. Admission Procedures, Assessment, and Service Plan |
| § 553.309. Activities Program |
| § 553.311. Physical Plant Requirements for Alzheimer's Units |
| SUBCHAPTER G. INSPECTIONS, INVESTIGATIONS, AND INFORMAL DISPUTE RESOLUTION |
| § 553.327. Inspections, Investigations, and Other Visits |
| § 553.329. HHSC Investigation of Allegations of Abuse, Neglect or Exploitation |
| § 553.331. Determinations and Actions (Investigation Findings) |
| § 553.333. Informal Dispute Resolution |
| § 553.335. Confidentiality and Release of Information |
| § 553.337. Retaliation |
| SUBCHAPTER H. ENFORCEMENT |
| DIVISION 1. GENERAL INFORMATION |
| § 553.351. When may HHSC take an enforcement action? |
| § 553.353. What enforcement actions may HHSC take? |
| DIVISION 2. ACTIONS AGAINST A LICENSE: SUSPENSION |
| § 553.401. When may HHSC suspend a facility's license? |
| § 553.403. Does HHSC provide notice of a license suspension and the opportunity for a hearing to the applicant, license holder, or a controlling person? |
| § 553.405. May HHSC suspend a license at the same time another enforcement action is occurring? |
| § 553.407. How does HHSC notify a license holder of a proposed suspension? |
| § 553.409. What information does HHSC provide the license holder concerning a proposed suspension? |
| § 553.411. Does the license holder have an opportunity to show compliance with all requirements for keeping the license before HHSC begins proceedings to suspend a license? |
| § 553.413. How does a license holder request an opportunity to show compliance? |
| § 553.415. How much time does a license holder have to request an opportunity to show compliance? |
| § 553.417. What must the request for an opportunity to show compliance contain? |
| § 553.419. How does HHSC conduct the opportunity to show compliance? |
| § 553.421. Does HHSC give the license holder a written affirmation or reversal of the proposed action? |
| § 553.423. How does HHSC notify a license holder of its final decision to suspend a license? |
| § 553.425. May the facility request a formal hearing? |
| § 553.427. How long does a license holder have to request a formal hearing? |
| § 553.429. If a license holder does not appeal, when does the suspension take effect? |
| § 553.431. If a license holder appeals, when does the suspension take effect? |
| § 553.433. May a facility operate during a suspension? |
| § 553.435. How long is the suspension? |
| § 553.437. How does HHSC decide to remove the suspension? |
| § 553.439. Must the license be returned to HHSC during a license suspension? |
| DIVISION 3. ACTIONS AGAINST A LICENSE: REVOCATION |
| § 553.451. When may HHSC revoke a license? |
| § 553.453. Does HHSC provide notice of a license revocation and opportunity for a hearing to the applicant, license holder, or controlling person? |
| § 553.455. May HHSC take more than one enforcement action at a time against a license? |
| § 553.457. How does HHSC notify a license holder of a proposed revocation? |
| § 553.459. What information does HHSC provide the license holder concerning a proposed revocation? |
| § 553.461. Does the license holder have an opportunity to show compliance with all requirements for keeping the license before HHSC begins proceedings to revoke a license? |
| § 553.463. How does a license holder request an opportunity to show compliance? |
| § 553.465. How much time does a license holder have to request an opportunity to show compliance? |
| § 553.467. What must the request for the opportunity to show compliance contain? |
| § 553.469. How does HHSC conduct the opportunity to show compliance? |
| § 553.471. Does HHSC give the license holder a written affirmation or reversal of the proposed action? |
| § 553.473. Does the license holder have an opportunity for a formal hearing? |
| § 553.475. How long does a license holder have to request a formal hearing? |
| § 553.477. When does the revocation take effect if the license holder does not appeal? |
| § 553.479. When does the revocation take effect if the license holder appeals the revocation? |
| § 553.481. May a facility operate during a revocation? |
| § 553.483. What happens to a license if it is revoked? |
| DIVISION 4. ACTIONS AGAINST A LICENSE: TEMPORARY RESTRAINING ORDERS AND INJUNCTIONS |
| § 553.501. Why does HHSC refer a facility to the Office of the Attorney General or local prosecuting authority for a temporary restraining order or an injunction? |
| § 553.503. To whom does HHSC refer a facility that is operating without a license? |
| DIVISION 5. ACTIONS AGAINST A LICENSE: EMERGENCY LICENSE SUSPENSION AND CLOSING ORDER |
| § 553.551. When may HHSC suspend a license or order an immediate closing of all or part of a facility? |
| § 553.553. How does HHSC notify a facility of a license suspension or immediate closing of all or part of a facility? |
| § 553.555. When does an order suspending a license or closing all or part of a facility go into effect? |
| § 553.557. How long is an order suspending a license or closing all or part of a facility valid? |
| § 553.559. May a license holder request a hearing? |
| § 553.561. Where can a license holder find information about administrative hearings? |
| § 553.563. Does a request for an administrative hearing suspend the effectiveness of the order? |
| § 553.565. Does anything happen to a resident's rights or freedom of choice during an emergency relocation? |
| § 553.567. Who does HHSC notify if all or part of a facility is closed? |
| § 553.569. Who must a facility notify if all or part of the facility is closed? |
| § 553.571. Who decides where to relocate a resident? |
| § 553.573. Who arranges the relocation? |
| § 553.575. Is a resident's preference considered? |
| § 553.577. What requirements must the facility a resident chooses for relocation meet? |
| § 553.579. Is a receiving facility allowed to temporarily exceed its licensed capacity? |
| § 553.581. Under what conditions is a receiving facility allowed to temporarily exceed its licensed capacity? |
| § 553.583. What requirements must a facility meet to obtain a temporary waiver? |
| § 553.585. How long can a facility have a temporary waiver? |
| § 553.587. Does HHSC monitor a facility with a temporary waiver? |
| § 553.589. What records, reports, and supplies are sent to the receiving facility for transferred residents? |
| § 553.591. May a resident return to the closed facility if it reopens within 90 calendar days? |
| § 553.593. Do the relocated residents have any special admission rights at the closed facility? |
| § 553.595. What options does a relocated resident have? |
| § 553.597. Are relocated residents who return to the facility considered new admissions? |
| DIVISION 6. ACTIONS AGAINST A LICENSE: CIVIL PENALTIES |
| § 553.601. When may HHSC refer a facility to the Office of the Attorney General for assessment of civil penalties? |
| § 553.603. What is the amount of the civil penalty that can be assessed for operating without a license? |
| DIVISION 7. TRUSTEES: INVOLUNTARY APPOINTMENT OF A TRUSTEE |
| § 553.651. When may HHSC petition a court for the involuntary appointment of a trustee to operate a facility? |
| § 553.653. When may HHSC disburse emergency assistance funds? |
| § 553.655. Must a facility reimburse HHSC for emergency assistance funds? |
| § 553.657. When is reimbursement for emergency assistance funds due to HHSC? |
| § 553.659. Who is responsible for reimbursement? |
| § 553.661. What happens if a facility does not reimburse HHSC in one year? |
| DIVISION 8. TRUSTEES: APPOINTMENT OF A TRUSTEE BY AGREEMENT |
| § 553.701. May a facility request the appointment of a trustee to assume operation of a facility? |
| § 553.703. Who may make the request? |
| § 553.705. What are the requirements for a trustee agreement? |
| § 553.707. When does an agreement for a trustee terminate? |
| § 553.709. What happens if the controlling person wants to terminate the agreement, but HHSC determines termination of the agreement is not in the best interest of the residents? |
| § 553.711. When HHSC appoints a trustee, is the facility always required to pay assessed civil money penalties? |
| DIVISION 9. ADMINISTRATIVE PENALTIES |
| § 553.751. Administrative Penalties |
| DIVISION 10. ARBITRATION |
| § 553.801. Arbitration |