Law:Title 6. Services For The Elderly from Chapter 105. Residential Facilities For The Elderly (Texas)

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Chapter 105. Residential Facilities For The Elderly

Section  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.



Section  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.



Section  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.


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