State Codes and Statutes
Statutes > Texas > Human-resources-code > Title-6-services-for-the-elderly > Chapter-105-residential-facilities-for-the-elderly
HUMAN RESOURCES CODE
TITLE 6. SERVICES FOR THE ELDERLY
CHAPTER 105. RESIDENTIAL FACILITIES FOR THE ELDERLY
Sec. 105.001. DEFINITIONS. In this chapter:
(1) "Establishment" means a facility providing sleeping
accommodations to two or more qualifying adult residents, at
least 80 percent of whom are 65 years of age or older or are
disabled, and offering, for a fee, one or more supportive
services through contract with an agency licensed under Chapter
142, Health and Safety Code, or with another entity.
(2) "Qualifying adult resident" means an adult resident of a
facility who is not related within the second degree by
consanguinity or affinity to:
(A) a person who has an ownership interest in the facility; or
(B) at least one other resident of the facility.
(3) "Supportive services" means medical services, health-related
services, or personal care services as defined by Section
247.002, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1,
1999.
Sec. 105.002. EXEMPT FACILITIES. The following facilities are
exempt from the application of this chapter:
(1) housing in which all supportive services are arranged
directly by the residents themselves and are provided by outside
entities;
(2) nursing facilities licensed under Chapter 242, Health and
Safety Code; and
(3) continuing care facilities regulated by the Texas Department
of Insurance under Chapter 246, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1,
1999.
Sec. 105.003. DISCLOSURE REQUIRED IN CONTRACT. An establishment
that is not required to be licensed as an assisted living
facility under Chapter 247, Health and Safety Code, shall execute
a contract with each of its residents that contains, in addition
to other required information, the following elements:
(1) the name, street address, and mailing address of the
establishment;
(2) the name and mailing address of at least one person
authorized to act on behalf of the owner or owners or management
agent of the establishment;
(3) a statement describing the licensure status of the
establishment;
(4) the name, mailing address, and telephone number of any
provider, including any individual or entity, regardless of
whether licensed, providing supportive services under a contract
with the establishment;
(5) the term of the contract;
(6) a description of the services to be provided that are
included in the base monthly rate to be paid by the resident;
(7) a description of any additional services available for an
additional fee from a provider through a contract with the
establishment;
(8) a provision requiring the establishment to provide written
notice of any change in fee schedules that outline the cost of
additional services not later than the 31st day before the
effective date of the change;
(9) a description of the process by which the contract may be
modified, amended, or terminated;
(10) a description of the complaint resolution process available
to residents;
(11) the name, street address, mailing address, and telephone
number of the resident's designated representative, if any;
(12) a description of the billing and payment procedures and
requirements;
(13) a statement ensuring the ability and right of residents to
receive services from providers with whom the establishment does
not have a contract; and
(14) a statement identifying the life safety and fire codes met
by the building and a statement indicating whether those codes
are comparable to the codes with which an assisted living
facility licensed under Chapter 247, Health and Safety Code, must
comply.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1,
1999.
State Codes and Statutes
Statutes > Texas > Human-resources-code > Title-6-services-for-the-elderly > Chapter-105-residential-facilities-for-the-elderly
HUMAN RESOURCES CODE
TITLE 6. SERVICES FOR THE ELDERLY
CHAPTER 105. RESIDENTIAL FACILITIES FOR THE ELDERLY
Sec. 105.001. DEFINITIONS. In this chapter:
(1) "Establishment" means a facility providing sleeping
accommodations to two or more qualifying adult residents, at
least 80 percent of whom are 65 years of age or older or are
disabled, and offering, for a fee, one or more supportive
services through contract with an agency licensed under Chapter
142, Health and Safety Code, or with another entity.
(2) "Qualifying adult resident" means an adult resident of a
facility who is not related within the second degree by
consanguinity or affinity to:
(A) a person who has an ownership interest in the facility; or
(B) at least one other resident of the facility.
(3) "Supportive services" means medical services, health-related
services, or personal care services as defined by Section
247.002, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1,
1999.
Sec. 105.002. EXEMPT FACILITIES. The following facilities are
exempt from the application of this chapter:
(1) housing in which all supportive services are arranged
directly by the residents themselves and are provided by outside
entities;
(2) nursing facilities licensed under Chapter 242, Health and
Safety Code; and
(3) continuing care facilities regulated by the Texas Department
of Insurance under Chapter 246, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1,
1999.
Sec. 105.003. DISCLOSURE REQUIRED IN CONTRACT. An establishment
that is not required to be licensed as an assisted living
facility under Chapter 247, Health and Safety Code, shall execute
a contract with each of its residents that contains, in addition
to other required information, the following elements:
(1) the name, street address, and mailing address of the
establishment;
(2) the name and mailing address of at least one person
authorized to act on behalf of the owner or owners or management
agent of the establishment;
(3) a statement describing the licensure status of the
establishment;
(4) the name, mailing address, and telephone number of any
provider, including any individual or entity, regardless of
whether licensed, providing supportive services under a contract
with the establishment;
(5) the term of the contract;
(6) a description of the services to be provided that are
included in the base monthly rate to be paid by the resident;
(7) a description of any additional services available for an
additional fee from a provider through a contract with the
establishment;
(8) a provision requiring the establishment to provide written
notice of any change in fee schedules that outline the cost of
additional services not later than the 31st day before the
effective date of the change;
(9) a description of the process by which the contract may be
modified, amended, or terminated;
(10) a description of the complaint resolution process available
to residents;
(11) the name, street address, mailing address, and telephone
number of the resident's designated representative, if any;
(12) a description of the billing and payment procedures and
requirements;
(13) a statement ensuring the ability and right of residents to
receive services from providers with whom the establishment does
not have a contract; and
(14) a statement identifying the life safety and fire codes met
by the building and a statement indicating whether those codes
are comparable to the codes with which an assisted living
facility licensed under Chapter 247, Health and Safety Code, must
comply.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1,
1999.
State Codes and Statutes
Statutes >
Texas >
Human-resources-code >
Title-6-services-for-the-elderly >
Chapter-105-residential-facilities-for-the-elderly HUMAN RESOURCES CODE
TITLE 6. SERVICES FOR THE ELDERLY
CHAPTER 105. RESIDENTIAL FACILITIES FOR THE ELDERLY
Sec. 105.001. DEFINITIONS. In this chapter:
(1) "Establishment" means a facility providing sleeping
accommodations to two or more qualifying adult residents, at
least 80 percent of whom are 65 years of age or older or are
disabled, and offering, for a fee, one or more supportive
services through contract with an agency licensed under Chapter
142, Health and Safety Code, or with another entity.
(2) "Qualifying adult resident" means an adult resident of a
facility who is not related within the second degree by
consanguinity or affinity to:
(A) a person who has an ownership interest in the facility; or
(B) at least one other resident of the facility.
(3) "Supportive services" means medical services, health-related
services, or personal care services as defined by Section
247.002, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1,
1999.
Sec. 105.002. EXEMPT FACILITIES. The following facilities are
exempt from the application of this chapter:
(1) housing in which all supportive services are arranged
directly by the residents themselves and are provided by outside
entities;
(2) nursing facilities licensed under Chapter 242, Health and
Safety Code; and
(3) continuing care facilities regulated by the Texas Department
of Insurance under Chapter 246, Health and Safety Code.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1,
1999.
Sec. 105.003. DISCLOSURE REQUIRED IN CONTRACT. An establishment
that is not required to be licensed as an assisted living
facility under Chapter 247, Health and Safety Code, shall execute
a contract with each of its residents that contains, in addition
to other required information, the following elements:
(1) the name, street address, and mailing address of the
establishment;
(2) the name and mailing address of at least one person
authorized to act on behalf of the owner or owners or management
agent of the establishment;
(3) a statement describing the licensure status of the
establishment;
(4) the name, mailing address, and telephone number of any
provider, including any individual or entity, regardless of
whether licensed, providing supportive services under a contract
with the establishment;
(5) the term of the contract;
(6) a description of the services to be provided that are
included in the base monthly rate to be paid by the resident;
(7) a description of any additional services available for an
additional fee from a provider through a contract with the
establishment;
(8) a provision requiring the establishment to provide written
notice of any change in fee schedules that outline the cost of
additional services not later than the 31st day before the
effective date of the change;
(9) a description of the process by which the contract may be
modified, amended, or terminated;
(10) a description of the complaint resolution process available
to residents;
(11) the name, street address, mailing address, and telephone
number of the resident's designated representative, if any;
(12) a description of the billing and payment procedures and
requirements;
(13) a statement ensuring the ability and right of residents to
receive services from providers with whom the establishment does
not have a contract; and
(14) a statement identifying the life safety and fire codes met
by the building and a statement indicating whether those codes
are comparable to the codes with which an assisted living
facility licensed under Chapter 247, Health and Safety Code, must
comply.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1,
1999.
Loading..
Close Window
Loading, Please Wait!
This may take a second or two.
