RALNA Regulatory Update April 21, 2021

TEXAS REGULATORY CHANGES URGENT

RALNA members in Texas should immediately review the new proposed changes to regarding Licensing Standards for Assisted Living Facilities, especially pertaining to Facility Construction. Some of these changes may only be changes in numbering, because the statute governing assisted living is being moved to a different Chapter in the Texas Code. However, we cannot be sure whether any changes are being made to the substance of the rules themselves and careful review is suggested.

The new regulation on facility changes can be found here.

In particular, new sections are included that address facility requirements for both existing and new assisted living homes – both Type A and Type B, and small (16 and fewer residents) and large (more than 16 residents). For example, proposed section 553.110 provides, in part:

  • A new Type A small must comply with the requirements in 32.2, Small Facilities, in NFPA 101, Chapter 32, New Residential Board and Care Occupancies.
  • A new small Type A assisted living facility that houses individuals of more than one gender must provide toilet rooms for each gender, or individual single-occupant toilet rooms for use by any gender.
  • A new small Type A assisted living facility must provide a social-diversional space with a minimum area of 120 square feet in at least one space within a common area of the facility.
  • A new small Type A assisted living facility must ensure the total space for dining areas provides an area of at least 15 square feet for each resident in the licensed capacity of the facility. No space smaller than 120 square feet in area can be counted toward meeting this requirement.

Comments must be submitted by May 10, 2021.

Written comments on the proposal may be submitted to HHSC IDD Services, Lisa Habbit, Mail Code 354, P.O. Box 149030, Austin, Texas 78714-9030, or by email to [email protected].

To be considered, comments must be: (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period.

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