SECTION 46.11. Contracting Requirements

(a) General contracting requirements. A facility must meet all provisions described in this chapter and Chapter 49 of this title (relating to Contracting for Community Services).

(b) Number of beds. The facility must specify in its contract the number of beds for clients of the Department of Aging and Disability Services (DADS), as follows:

(1) The facility must ensure that the number of contracted DADS beds are in rooms that meet the requirements in §46.13 of this chapter (relating to Housing Options).

(2) The facility must ensure the number of DADS clients served by the facility does not exceed the number of contracted DADS beds.

(3) The facility may adjust the number of beds for DADS clients by contract amendment.

(c) Disclosure statement requirements. The facility must ensure that the Assisted Living Disclosure Statement, as required by Chapter 92 of this title (relating to Licensing Standards for Assisted Living Facilities), does not conflict with the program requirements.

(d) Client referrals. The facility must accept all DADS referrals unless:

(1) the referral would cause the facility to exceed licensed capacity;

(2) the referral would cause the facility to exceed the number of beds for DADS clients that the facility has specified in its contract; or

(3) the facility is unable to meet the client's needs and has followed the procedures described in §46.35 of this chapter (relating to Interdisciplinary Team).

Source Note: The provisions of this §46.11 adopted to be effective September 1, 2003, 28 TexReg 6941; amended to be effective September 1, 2014, 39 TexReg 6634