SECTION 554.2206. General Requirements for a Certified Facility

(a) Resident admission. The facility must admit and retain only residents whose needs can be met through service from the facility staff, or in cooperation with community resources or other providers under contract.

(b) Allowable number of residents. Each certificate must specify the maximum allowable number of residents to be cared for at any one time in the certified area. No greater number of residents must be kept in the certified area than is authorized by the certificate.

(c) Nullification of certificate. When a certificate becomes null and void, the facility must remove the certificate from display and advertising, and the certificate must be surrendered to DADS on request. A certificate is nontransferable and nonassignable; therefore, a certificate existing at the time of change of ownership becomes null and void.

(d) Display of certificate. A certificate must be displayed in a prominent location for public view. The facility may advertise as long as the certificate is in effect; however, the type of advertising must be such that the advertising can be withdrawn if the certificate becomes null and void. Upon removal of the certificate it is the responsibility of the facility to inform interested persons of the revised status. The certificate is the property of DADS.

(e) Cancellation of certificate. A certificate must be canceled if DADS finds that the certified unit is not in compliance with applicable laws and rules.

(f) Effective period of certificate. An initial certificate that is based on an application submitted to DADS on or after January 1, 2014, or a renewal certificate that has an effective date on or after January 1, 2014, is valid for three years.

Source Note: The provisions of this §554.2206 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective January 1, 2014, 38 TexReg 9629; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871