Assisted Living Facilities - DADS Licensing

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Assisted Living Facilities - DADS Licensing

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Licensed Assisted Living Facilities

I serve licensed facilities that meet the following criteria: An establishment that furnishes room, board and one or more personal care services to four or more persons who are unrelated to the owner.

Personal care services include: assistance with meals, dressing, movement, bathing or other personal needs or maintenance; medication supervision or assistance; and general oversight of the physical and mental well being of a person.

In a Type A facility a resident:

  • must be physically and mentally capable of evacuating the facility unassisted;
  • does not require routine attendance during nighttime sleeping hours; and
  • must be capable of following directions in an emergency 

In a Type B facility a resident:

  • may require staff assistance to evacuate the facility;
  • may be incapable of following directions under emergency conditions;
  • requires attendance during nighttime sleeping hours; and
  • may not be permanently bedfast, but may require assistance in transferring to and from a wheelchair 

A Type C facility is:

  • a four-bed facility that has an active Adult Foster Care contract with the Texas Department of Aging and Disability Services
  • provides a 24-hour living arrangement with supervision for persons who because of physical, mental or emotional limitations are unable to continue independent functioning in their own homes

In a Type E facility a resident:

  • should not require substantial assistance with activities of daily living;
  • must be physically and mentally capable of evacuating the facility unassisted;
  • must not require routine attendance during nighttime sleeping hours; and
  • must be capable of following directions in an emergency

Inspections and investigations of complaints and incidents

DADS inspect assisted living facilities annually to ensure that they are in compliance with state licensure regulations. DADS also investigate self-reported incidents from facilities and complaints from residents, family members, friends and others. Inspectors initiate investigation of complaints and incidents in facilities within 24 hours, 14 days, 30 days or 45 days, depending on the priority assigned by the intake program specialist who receives the complaint or incident report. The priority is based on the immediacy and seriousness of the allegation.

DADS conduct on-site investigations for all complaints received. If the agency determines that the facility has investigated a self-reported incident, has determined the cause, and has made the necessary changes to remove the problem, DADS may elect not to conduct an on-site investigation. If inspectors find a violation during a visit, they make a follow-up visit to ensure that the facility has corrected the violation and is in compliance with the regulations. DADS does not notify facilities before conducting inspections or investigations. For information on how to report a complaint, please visit the DADS Consumer Rights and Services website.

http://www.dads.state.tx.us/services/crs/

DADS has inspectors from a number of professional disciplines, including registered nurses, social workers, nutritionists, pharmacists, architects, engineers and Life Safety Code specialists. DADS assigns one or more inspectors from specific areas of expertise to investigate complaints and incidents based on the nature of the complaint or incident and facility size.

Inspection reports

When the inspection team completes the inspection, investigation, follow-up or other visit, it writes a report of the findings that details the facility's failures to comply with regulations, which are called violations. The facility must make inspection reports available to all facility residents and visitors. Interested parties may also request inspection team visit results from Consumer Rights and Services at 1-800-458-9858

Enforcement actions

Once the inspection team completes its report, DADS staff review the findings to determine if an enforcement action is necessary. An array of enforcement actions is available under state licensing laws, including actions against a facility's license and monetary sanctions such as an administrative penalty or civil penalty.

State regulations give facilities the right to request an informal dispute resolution of the cited violations and to appeal enforcement actions.

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Austin, Texas Professional License Defense Attorney Oscar San Miguel represents clients who are located in Austin, Houston, Dallas, San Antonio, El Paso, Fort Worth, Arlington, Amarillo, Lubbock, Brownsville, Laredo, Harlingen, McAllen, Round Rock, Longview, Travis County, Harris County, Dallas County, Tarrant County, Bexar County, Fort Bend County, Montgomery County, Cameron County, Nueces County, El Paso County, Potter County, Lubbock County, Grayson County, Collin County and throughout Texas.
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