Elder Care Regulations for Texas

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    Department of Aging and Disability Services

    • Aging Parents and Elder Care, an on-line resource, describes elder care as a wide range of services geared towards the elderly. These services are provided over an extended period of time to those who need help performing normal day-to-day activities. Elder care can be provided in the home, in the community or in various types of facilities.

      The state of Texas has established the Department of Aging and Disability Services (DADS) to guarantee that the elderly and the disabled receive proper care. All care providers must meet DADS qualification criteria before receiving a license.

    Licensing Types

    • A facility caring for three or more people--not related to the owner--must have a license to legally provide elder care programs in Texas. Texas recognizes several types of assisted-living facilities. The type of license issued depends on the needs of the facilities. The facility's licensure is based upon the type of services provided, as well as the resident's capability to evacuate the building.

      DADS provide three basic types of licensure: type A, type B, and type C. Type A facilities requires that the residents be physically mobile to evacuate a building without the assistance of staff. In type B facilities, the residents may require the assistance to evacuate the building. Type C facility is a four-bed facility that provides adult foster care.

    Department of Human Services

    • The Texas DHS performs inspections to ensure that the facilities remain in compliance with licensing criteria. All inspections, surveys, complaint investigations, and other visits are to be unannounced. Frequent visits are preformed to determine the continued compliance with emergency plan standards and the proper functioning of the electrical or mechanical systems in the facility.

      All documents--including books and records that are maintained on behalf of the facility--must be made accessible to DHS, upon request. The department has the authority to photocopy documents, photograph residents and use any available recording devices to preserve all relevant evidence found during an inspection, survey or investigation.

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