Section 553.5 - Types of Assisted Living Facilities(a) Basis for licensure type. A facility must be licensed as a Type A or Type B facility. A facility's licensure type is based on the capability of the residents to evacuate the facility, as described in this section.(b) Type A. In a Type A facility, a resident: (1) must be physically and mentally capable of evacuating the facility without physical assistance from staff, which may include an individual who is mobile, although non-ambulatory, such as an individual who uses a wheelchair or an electric cart, and has the capacity to transfer and evacuate himself or herself in an emergency;(2) does not require routine attendance during nighttime sleeping hours;(3) must be capable of following directions under emergency conditions; and(4) must be able to demonstrate to HHSC that they can meet the evacuation requirements described in Subchapter D of this chapter (relating to Facility Construction).(c) Type B. In a Type B facility, a resident may:(1) require staff assistance to evacuate;(2) require attendance during nighttime sleeping hours;(3) be incapable of following directions under emergency conditions; and(4) require assistance in transferring to and from a wheelchair; but(5) must not be permanently bedfast.(d) Type C. (1) A Type C facility is a four-bed facility that was originally licensed by HHSC to provide adult foster care services as described in 40 TAC Chapter 48, Subchapter K (relating to Minimum Standards for Adult Foster Care).(2) HHSC no longer issues Type C licenses and Type C licensure is no longer a requirement to contract with HHSC to provide adult foster care services. In accordance with 40 TAC Chapter 48, Subchapter K, in order to contract with HHSC as a provider of adult foster care services, an applicant must have a current license for a Type A or Type B assisted living facility.26 Tex. Admin. Code § 553.5
The provisions of this §553.5 adopted to be effective January 15, 2009, 34 TexReg 240; amended to be effective January 6, 2014, 39 TexReg 90; transferred from Title 40, Chapter 92 by Texas Register, Volume 44, Number 15, April 12, 2019, TexReg 1886, eff. 5/1/2019; adopted by Texas Register, Volume 46, Number 33, August 13, 2021, TexReg 5017, eff. 8/31/2021