Law:Title 6. Services For The Elderly from Chapter 103. Adult Day Care (Texas)

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Contents

Chapter 103. Adult Day Care

Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.


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