CHAPTER 103. ADULT DAY CARE - Texas Statutes

HUMAN RESOURCES CODE

TITLE 6. SERVICES FOR THE ELDERLY

CHAPTER 103. ADULT DAY CARE

Sec. 103.001. PURPOSE. It is the purpose of this chapter to

establish programs of quality adult day care and day health care

that will enable elderly and handicapped persons with medical or

functional impairments to maintain maximum independence and to

prevent premature or inappropriate institutionalization. It is

the purpose of this chapter to provide adequately regulated

supervision for elderly and handicapped persons while enabling

them to remain in a family environment and affording the family a

measure of normality in its daily activities. The legislature

intends to provide for the development of policies and programs

that will:

(1) provide alternatives to institutionalization;

(2) establish facilities for adult day care and day health care

throughout the state that offer services and are accessible to

economically disadvantaged persons; and

(3) prevent inappropriate institutionalization.

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec.

3(a), eff. Sept. 1, 1983.

Sec. 103.002. SHORT TITLE. This chapter may be cited as the

Adult Day Care Act.

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec.

3(a), eff. Sept. 1, 1983.

Sec. 103.003. DEFINITIONS. In this chapter:

(1) "Adult day-care facility" means a facility that provides

services under an adult day-care program on a daily or regular

basis but not overnight to four or more elderly or handicapped

persons who are not related by blood, marriage, or adoption to

the owner of the facility.

(2) "Adult day-care program" means a structured, comprehensive

program that is designed to meet the needs of adults with

functional impairments through an individual plan of care by

providing health, social, and related support services in a

protective setting.

(3) "Department" means the Texas Department of Human Services.

(4) "Elderly person" means a person 65 years of age or older.

(5) "Handicapped person" means a person whose functioning is

sufficiently impaired to require frequent medical attention,

counseling, physical therapy, therapeutic or corrective

equipment, or another person's attendance and supervision.

(6) "Person" means an individual, corporation, or association.

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec.

3(a), eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch.

264, Sec. 27, eff. Aug. 26, 1985; Acts 1993, 73rd Leg., ch. 434,

Sec. 2, eff. Jan. 1, 1994.

Sec. 103.004. DEPARTMENT DUTIES. (a) The department shall

adopt rules for implementing this chapter.

(b) The department shall set standards for:

(1) the health and welfare of persons attending a facility;

(2) the eligibility of persons to attend a facility;

(3) the scope of services provided by a facility;

(4) adequate supervision for persons attending a facility;

(5) the professional staff and other personnel at a facility;

(6) adequate and healthful food service, where it may be

offered;

(7) procedures for consultation with family members, case

workers, or other persons responsible for the welfare of a person

attending a facility; and

(8) prohibiting racial discrimination.

(c) The department may contract with a political subdivision or

a person for transporting persons to a facility.

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec.

3(a), eff. Sept. 1, 1983.

Sec. 103.0041. LICENSE REQUIRED. (a) A person may not operate

an adult day-care facility without a license issued under this

chapter.

(b) A person commits an offense if the person violates

Subsection (a) of this section. An offense under this subsection

is a Class A misdemeanor.

Added by Acts 1993, 73rd Leg., ch. 434, Sec. 1, eff. Jan. 1,

1994.

Sec. 103.005. LICENSING DUTIES. The department shall adopt

rules for the licensing procedures and set standards for the

safety and sanitation requirements for a licensed facility.

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec.

3(a), eff. Sept. 1, 1983. Amended by Acts 1995, 74th Leg., ch.

76, Sec. 8.102, eff. Sept. 1, 1995.

Sec. 103.006. LICENSE. (a) The department shall issue a

license to operate an adult day-care facility to a person who has

met the application requirements and received approval after an

on-site inspection.

(b) The license expires two years from the date of its issuance.

The executive commissioner of the Health and Human Services

Commission by rule may adopt a system under which licenses expire

on various dates during the two-year period. For the year in

which a license expiration date is changed, the department shall

prorate the license fee on a monthly basis. Each license holder

shall pay only that portion of the license fee allocable to the

number of months for which the license is valid. A license

holder shall pay the total license renewal fee at the time of

renewal.

(c) An applicant for a license under this chapter who has a

health care provider license is entitled to have inspections and

license renewal procedures coordinated so that one inspection may

fulfill various licensing requirements.

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec.

3(a), eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch.

434, Sec. 3, eff. Jan. 1, 1994; Acts 1995, 74th Leg., ch. 76,

Sec. 8.103, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

809, Sec. 3, eff. September 1, 2007.

Sec. 103.007. LICENSE APPLICATION. (a) An applicant for a

license to operate an adult day-care facility must file an

application on a form prescribed by the department together with

a license fee of $50.

(b) The applicant must provide evidence of:

(1) the ability to comply with the requirements of the

department;

(2) responsible management; and

(3) qualified professional staff and personnel.

(c) A person who operates a facility that is licensed under this

chapter must file an application for a renewal license not later

than the 45th day before the expiration date of the current

license on a form prescribed by the department together with a

renewal fee of $50.

(d) An applicant for a license renewal who submits an

application later than the 45th day before the expiration date of

the license is subject to a late fee in accordance with

department rules.

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec.

3(a), eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch.

434, Sec. 4, eff. Jan. 1, 1994; Acts 1995, 74th Leg., ch. 76,

Sec. 8.104, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

809, Sec. 4, eff. September 1, 2007.

Sec. 103.0075. EARLY COMPLIANCE REVIEW. (a) The department by

rule shall adopt a procedure under which a person proposing to

construct or modify an adult day-care facility may submit

building plans to the department for review for compliance with

the department's architectural requirements before beginning

construction or modification. In adopting the procedure, the

department shall set reasonable deadlines by which the department

must complete review of submitted plans.

(b) The department shall, within 30 days, review plans submitted

under this section for compliance with the department's

architectural requirements and inform the person in writing of

the results of the review. If the plans comply with the

department's architectural requirements, the department may not

subsequently change the architectural requirements applicable to

the project unless:

(1) the change is required by federal law; or

(2) the person fails to complete the project within a reasonable

time.

(c) The department may charge a reasonable fee for conducting a

review under this section.

(d) A fee collected under this section shall be deposited in the

general revenue fund and may be appropriated only to the

department to conduct reviews under this section.

(e) The review procedure provided by this section does not

include review of building plans for compliance with the Texas

Accessibility Standards as administered and enforced by the Texas

Department of Licensing and Regulation.

Added by Acts 2001, 77th Leg., ch. 339, Sec. 1, eff. Sept. 1,

2001.

Sec. 103.008. INSPECTIONS. (a) The department may enter the

premises of a facility at reasonable times and make an inspection

necessary to issue a license or renew a license.

(b) Any person may request an inspection of a facility by

notifying the department in writing of an alleged violation of a

licensing requirement. The complaint shall be as detailed as

possible and signed by the complainant. The department shall

perform an on-site inspection as soon as feasible but no later

than 30 days after receiving the complaint unless after an

investigation the complaint is found to be frivolous. The

department shall respond to a complainant in writing. The

department shall also receive and investigate anonymous

complaints.

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec.

3(a), eff. Sept. 1, 1983. Amended by Acts 1995, 74th Leg., ch.

76, Sec. 8.105, eff. Sept. 1, 1995.

Sec. 103.009. LICENSE DENIAL, SUSPENSION, OR REVOCATION. (a)

The department may deny, suspend, or revoke the license of an

applicant or holder of a license who fails to comply with the

rules or standards for licensing required by this chapter.

(b) The denial, suspension, or revocation of a license and the

appeal from that action are governed by the procedures for a

contested case hearing under Chapter 2001, Government Code.

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec.

3(a), eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch.

434, Sec. 5, eff. Jan. 1, 1993; Acts 1995, 74th Leg., ch. 76,

Sec. 5.95(49), 8.106, eff. Sept. 1, 1995.

Sec. 103.0091. INJUNCTION. (a) The department may petition a

district court for a temporary restraining order to restrain a

continuing violation of the standards or licensing requirements

provided under this chapter if the department finds that the

violation creates an immediate threat to the health and safety of

the adult day-care residents.

(b) A district court, on petition of the department and on a

finding by the court that a person is violating the standards or

licensing requirements provided under this chapter, may by

injunction:

(1) prohibit a person from continuing a violation of the

standards or licensing requirements provided under this chapter;

(2) restrain or prevent the establishment or operation of a

facility without a license issued under this chapter; or

(3) grant any other injunctive relief warranted by the facts.

(c) The attorney general may institute and conduct a suit

authorized by this section at the request of the department.

(d) Venue for a suit brought under this section is in the county

in which the facility is located or in Travis County.

Added by Acts 1993, 73rd Leg., ch. 434, Sec. 1, eff. Jan. 1,

1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.107, eff.

Sept. 1, 1995.

Sec. 103.0092. EMERGENCY SUSPENSION AND CLOSING ORDER. (a) If

the department finds an adult day-care facility operating in

violation of the standards prescribed by this chapter and the

violations create an immediate threat to the health and safety of

a resident in the facility, the department shall suspend the

license or order immediate closing of all or part of the

facility.

(b) The order suspending a license under Subsection (a) is

immediately effective on written notice to the license holder or

on the date specified on the order.

(c) The order suspending the license and ordering closure of all

or part of a facility is valid for 10 days after the effective

date.

Added by Acts 1993, 73rd Leg., ch. 434, Sec. 1, eff. Jan. 1,

1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.108, eff.

Sept. 1, 1995.

Sec. 103.010. DISPOSITION OF FUNDS. (a) All fees collected

under this chapter shall be deposited to the credit of the

General Revenue Fund.

(b) The legislature may appropriate the money received under

this chapter for the sole purpose of administering this chapter.

Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec.

3(a), eff. Sept. 1, 1983.

Sec. 103.011. RIGHTS OF THE ELDERLY. (a) In addition to other

rights an individual attending an adult day care facility has as

a citizen, an individual who is 55 years of age or older has the

rights prescribed by Chapter 102 of this code.

(b) The department shall require each adult day care facility to

implement and enforce the applicable provisions of Chapter 102 of

this code.

Added by Acts 1985, 69th Leg., ch. 117, Sec. 1(a), eff. Sept. 1,

1985. Amended by Acts 1987, 70th Leg., ch. 1052, Sec. 7.06, eff.

Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 434, Sec. 6, eff. Jan.

1, 1994; Acts 1995, 74th Leg., ch. 76, Sec. 8.109, eff. Sept. 1,

1995.