All Texas personal care Homes, residential care homes and assisted living facilities which provide services of a personal care nature to more than three residents, unrelated to the owner, must be licensed under the Texas Department of Aging and Disability Services (DADS) licensure requirements.
Personal Care, Residential Care and Assisted Living all offer a more home-like setting than Nursing Homes. They typically provide meals, laundry, housekeeping, medication supervision, assistance with activities of daily living (for most types) and an activity program. Other amenities such as transportation may also be offered in some facilities. These homes foster a sense of independence and are the perfect alternative for elderly or those with mental or physical disabilities.
There are four basic types of licensure for assisted living facilities:
Type A – In a Type A facility a resident must be physically and mentally capable of evacuating the facility unassisted. This may include the mobile non-ambulatory persons such as those who are in wheelchairs or electric carts and have the capacity to transfer and evacuate themselves in an emergency. This resident does not require routine attendance during nighttime sleeping hours and must be capable of following directions under emergency conditions.
Type B – In a Type B facility a resident may require staff assistance to evacuate and may be incapable of following directions under emergency conditions. They may require attendance during nighttime sleeping hours. The resident may not be permanently bedfast, but may require assistance in transferring to and from a wheelchair.
Type C- A Type C facility is a four-bed facility which meets the minimum standards and program rules for enrollment with the Department of Aging and Disability Services as an adult foster care facility.
Type E – In a Type E facility a resident must be physically and mentally capable of evacuating the facility unassisted. This may include persons who are mobile, although non-ambulatory, such as persons in wheelchairs or electric cars having the capacity to transfer and evacuate themselves in an emergency. They must not require routine attendance during nighttime sleeping hours and must be capable of following directions under emergency conditions. Type E facilities may only provide medication supervision and general supervision of resident’s welfare. Type E facilities many not provide substantial assistance with the activities of daily living such as assistance with meals, dressing, bathing or other personal needs or maintenance.
There are two sizes of Texas Assisted Living Facilities:
Small – Small facilities are defined as those with 16 residents or less.
Large – Large facilities are defined as those with 17 residents or more.
The Texas Department of Aging and Disability Services (DADS) licenses and inspects assisted living facilities to ensure compliance with state regulations. Through these regulatory activities, DADS protects Texas citizens who receive long-term care services. Assisted living facilities must be licensed to operate in Texas.
Some businesses illegally provide food and shelter to four or more individuals and provide personal care services. These providers have never applied for a license or have been denied a license based on their failure to meet health, fire or building safety requirements.
DADS is aware of some unlicensed facilities; agency employees are either working to get the facilities licensed and in compliance with health and safety requirements or are in the process of closing them. If you have a question about the license status of a facility, call DADS Consumer Rights and Services at 1-800-458-9858.