HUMAN RESOURCES CODE
CHAPTER 105. RESIDENTIAL FACILITIES FOR THE ELDERLY
§ 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, § 5, eff. Sept. 1, 1999.
§ 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, § 5, eff. Sept. 1, 1999.
§ 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, § 5, eff. Sept. 1, 1999.
