CHAPTER 105. RESIDENTIAL FACILITIES FOR THE ELDERLY - Texas Statutes

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.