UPDATED: January 2023
When it comes to looking for an assisted living community for your loved one, one of the things to take into consideration is a facility’s license. Below, we’ve provided some basic information to help you understand how assisted living communities are licensed as well as some of the most current regulations for assisted living in Texas.
Types of Licenses
There are two types of licensing in Texas, each based on the capability of residents to evacuate the facility.
- Type A licences are for facilities that can only care for residents who are mentally and physically able to evacuate by themselves without the physical help from caregivers and staff (wheelchairs and electric carts are allowed). During the event of an emergency, they must be mentally capable to follow instructions and procedure.
- Type B licenses are given to facilities that house residents who need assistance and are incapable of following instructions and procedure during an emergency. Any facility that houses residents with Alzheimer’s, dementia, or other related diseases, must have a Type B license.
Necessary Qualifications
In order to get an assisted living license in Texas, the facility must have the following:
- A completed application
- Written approval from the local fire department that the facility meets local fire ordinances
- A health authority letter
- If facility houses residents with Alzheimer’s or dementia, a separate application is necessary
Who Gives Out Licenses?
While there are some federal laws and regulations regarding assisted living, it is at the state level that assisted living is fully regulated. The Texas Department of Aging and Disability Services (DADS) is in charge of regulatory services in the state and therefore is responsible for giving out licenses to assisted living homes.
What Are The Types of Applications An ALF Can Expect to See?
The process of becoming an assisted living facility in Texas will require several applications to be completed but it doesn’t stop once you have been approved. Here are some of the applications you can expect to see during your initial application process along with other applications you can expect to see.
- Initial Application: If you have never been issues an HHS licensing number, this is the initial application you will be completing. It should be noted that if you are taking over the ownership of an ALF from another person or company, you will still have to complete an initial application.
- Change of Ownership: As mentioned above, you will still be completing an initial application but also need to complete a change of ownership if the TIN is going to be changing.
- Relocation: You are unable to move one license from one location to another ALF in another location. You will have to fill out a document with HHS to let them know.
- Phone Number Change: If you plan to change the phone number of your ALF, you will need to submit documentation to HHS informing them of that change as soon as possible.
- Stock Transfers of Controlling Person(s): If stock ownership changes hands and the controlling person of the ALF changes, HHS will need to have documentation alerting them of the change.
Alzheimer’s Assisted Living Licensing Standards
Texas has specific administrative codes that are focused solely around Alzheimer ALFs in Texas. Here are just a few of what those codes say:
- Any facilities that are housing more than 16 residents, two staff members must always be available when residents are at the facility.
- Any Alzheimer ALF staff will be required to complete four hours of orientation that is focused around dementia and Alzheimer’s.
- Staff will also be required to complete twelve hours of educational training every year. It will focus around tactics to handle Alzheimer’s patients and deescalating situations.
- Managers of Alzheimer ALFS will need to be at least 21 years of age. They will also need an Associate’s degree in nursing or health management and a Bachelor’s degree in psychology, gerontology, nursing, or a related field. They will also need to complete six hours of annual dementia education each year.
- Alzheimer ALFs are also required to encourage cognitive exercises and socialization activities that are planned by the facility. Residents should be encouraged to participate in the events but cannot be forced to participate.
- If a facility has 17 or more residents, an activities director will be need to be employed for at least 20 hours a week. There are requirements that the director will need to meet in order to be considered for employment.
The reason we want to make sure to provide some of these licensing rules and regulations is to better help those that are new to assisted living facilities. If you have an aging loved one and have begun to tour these facilities, it can be challenging to see what they are doing right and wrong. By reviewing and looking at these regulations, you can have a keener eye to see what they are doing well and where they might be lacking.
New Regulations in Texas
Each year the Texas Department of Aging and Disability Services reports on new regulations for assisted living. Here are some of the most up to date regulations:
- Caregiver Services: If a resident prefers to have additional healthcare services, they are allowed to hire a licensed home support service agency or independent professional caregiver to provide care at the facility.
- Assessment: Within 14 days of entrance into the assisted living facility, the resident must go through an assessment that will provide the facility information for an individual care plan.
- Administering Medication: For those who cannot (or wish not to) take their own medication, it must be administered by someone who holds a license to give medicine, has a medication aide permit, or is an employee of the facility who has been appointed by a registered nurse.
- Room Occupancy: Only four residents are allowed per unit. Bedrooms are required to have individual private, general toilets, or connecting toilets for each gender.
- Employee Credentials: A high school diploma or equivalent certification is required for managers in small assisted living facilities. In larger facilities, a manager must have an associates degree in nursing, health care management, or a related field. Employees can also have a bachelor’s degree or high school degree plus one year of experience.
When the time comes to find an assisted living community that is best for you or your loved one, it is important to take into consideration each type of license and to stay up to date on the state’s regulations. If you don’t feel comfortable making the decision yourself, ask someone who has gone through the research before. Alternatively, consult a professional advisor from a free service such as Senior Living Specialists. By educating yourself and using your resources, you can take comfort in knowing you are making the best, and safest, decision.
