Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 276 - CONTRACTING TO PROVIDE ASSISTED LIVING AND RESIDENTIAL CARE SERVICES
Subchapter B - PROVIDER CONTRACTS
Section 276.13 - Housing Options
Universal Citation: 26 TX Admin Code § 276.13
Current through Reg. 50, No. 13; March 28, 2025
(a) Setting. A facility must specify in the contract the type(s) of setting(s) it uses to provide assisted living services according to the following guidelines:
(1) Assisted living apartment. An assisted
living apartment setting is a living unit that is a private space with living
and sleeping areas, a kitchen, a bathroom, and adequate storage space. The
bedroom must be single occupancy, except when the participant requests double
occupancy in writing. The living unit must have private kitchen and bath
facilities.
(A) Size. Assisted living
apartments must have a minimum of 220 square feet, not including the bathroom.
Current contracted assisted living apartments that do not meet the square
footage requirement may remain at their current size unless the apartment is
remodeled. Remodeling includes:
(i) the
construction, removal, or relocation of walls and partitions;
(ii) the construction of foundations, floors,
or ceiling-roof assemblies;
(iii)
the expansion or alteration of safety systems, including:
(I) sprinkler;
(II) fire alarm; and
(III) emergency systems; or
(iv) the conversion of space in a
facility to a different use.
(B) Kitchen. The kitchen is an area equipped
with a sink, refrigerator, a cooking appliance, adequate space for food
preparation, and storage space for utensils and supplies. The cooking appliance
must be a stove, microwave, or built-in surface unit. The cooking appliance
must be able to be removed or disconnected.
(C) Bathroom. The bathroom must be a separate
room in the individual's living area with a toilet, sink, and an accessible
bath.
(2) Residential
care apartment. A residential care apartment setting is a living unit that is a
private space with connected sleeping, kitchen, and bathroom areas and adequate
storage space. The bedroom must be double occupancy. The living unit must have
private kitchen and bath facilities.
(A)
Size. Residential care apartments must have a minimum of 350 square feet of
space per client. Indoor common areas used by Department of Aging and
Disability Services (DADS) clients must be included in computing the minimum
square footage. The portion of the common area allocated must not exceed usable
square footage divided by the maximum number of individuals who have access to
the common areas.
(B) Kitchen. The
kitchen is an area equipped with a sink, refrigerator, a cooking appliance,
adequate space for food preparation, and storage space for utensils and
supplies. The cooking appliance must be a stove, microwave, or built-in surface
unit. The cooking appliance must be able to be removed or
disconnected.
(C) Bathroom. The
bathroom must contain a toilet, sink, and an accessible bath.
(3) Residential care
non-apartment. A residential care non-apartment setting is a living unit that
does not meet either the definition of an assisted living apartment or a
residential care apartment. A living unit must not exceed double
occupancy.
(4) Personal Care 3. A
Personal Care 3 setting is only available in the Community Based Alternatives
(CBA) Assisted Living/Residential Care (AL/RC) Program, and must meet the
following qualifications:
(A) The facility
must be licensed for four to 16 beds in a residential care non-apartment
setting.
(B) The facility must
provide 60% or more of its CBA clients with a single occupancy
bedroom.
(C) The facility must
maintain a minimum staffing ratio of one direct care staff member for every:
(i) four clients, including private pay
clients, during the day and evening shifts; and
(ii) eight clients, including private pay
clients, during the night shift.
(D) Sixty percent or more of the total
clients served each month must require one-to-one staff assistance as
documented on the DADS medical necessity and level of care assessment in one or
more of the following activities of daily living:
(i) transferring;
(ii) eating; or
(iii) toileting.
(b) Occupancy. The facility must provide each client with a private (singe occupancy) or semi-private (double occupancy) living unit.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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