Licensing Standards for Assisted Living Facilities Handbook

Chapter 92 
Subchapter A,  Introduction
§92.1
Purpose and Application
§92.2
Definitions
§92.3
Types of Assisted Living Facilities
§92.4
License Fees
§92.5
Health Care Professional
§92.6
General Characteristics of a Resident
Subchapter B,  Application Procedures
§92.11
Criteria for Licensing
§92.12
General Application Requirements
§92.13
Time Periods for Processing All Types of License Applications
§92.14
Initial License Application Procedures and Requirements
§92.15
Renewal Procedures and Qualifications
§92.16
Change of Ownership
§92.17
Relocation
§92.18
Increase in Capacity
§92.19
Decrease in Capacity
§92.20
Provisional License
Subchapter C,  Standards for Licensure
§92.41
Standards for Type A and Type B Assisted Living Facilities
§92.51
Licensure of Facilities for Persons with Alzheimer's Disease
§92.53
Standards for Certified Alzheimer's Assisted Living Facilities
§92.54
Advertisements, Solicitations, and Promotional Material
Subchapter D,  Facility Construction
§92.61
Introduction and Application
§92.62
General Requirements
§92.63
Construction and Initial Survey of Completed Construction
§92.64
Plans, Approvals, and Construction Procedures
Subchapter E,  Inspections, Surveys, and Visits
§92.81
Inspections and Surveys
§92.82
Determinations and Actions Pursuant to Inspections
Subchapter F,  Abuse, Neglect, and Exploitations; Complaint and Incident Reports and Investigations
§92.102
Abuse, Neglect, or Exploitation Reportable to DADS
§92.103
Complaint Investigation
§92.105
Investigations of Complaints
§92.106
General Provisions
Subchapter G,  Miscellaneous Provisions
§92.123
Investigation of Facility Employees
§92.124
Procedures for Inspection of Public Records
§92.125
Resident's Bill of Rights and Provider Bill of Rights
§92.126
Publication of Rules
§92.127
Required Postings
§92.129
Authorized Electronic Monitoring (AEM)
Subchapter H,  Enforcement
Division 1,  General Information
§92.151
When may DHS take an enforcement action?
§92.152
What enforcement actions may DHS take?
Division 2,  Actions Against a License: Suspension
§92.201
When may DHS suspend a facility's license?
§92.202
Does DHS provide notice of a license suspension and the opportunity for a hearing to the applicant, license holder, or a controlling person?
§92.203
May DHS suspend a license at the same time another enforcement action is occurring?
§92.204
How does DHS notify a license holder of a proposed suspension?
§92.205
What information does DHS provide the license holder concerning a proposed suspension?
§92.206
Does the license holder have an opportunity to show compliance with all requirements for keeping the license before DHS begins proceedings to suspend a license?
§92.207
How does a license holder request an opportunity to show compliance?
§92.208
How much time does a license holder have to request an opportunity to show compliance?
§92.209
What must the request for an opportunity to show compliance contain?
§92.210
How does DHS conduct the opportunity to show compliance?
§92.211
Does DHS give the license holder a written affirmation or reversal of the proposed action?
§92.212
How does DHS notify a license holder of its final decision to suspend a license?
§92.213
May the facility request a formal hearing?
§92.214
How long does a license holder have to request a formal hearing?
§92.215
If a license holder does not appeal, when does the suspension take effect?
§92.216
If a license holder appeals, when does the suspension take effect?
§92.217
May a facility operate during a suspension?
§92.218
How long is the suspension?
§92.219
How does DHS decide to remove the suspension?
§92.220
Must the license be returned to DHS during a license suspension?
Division 3,  Actions Against a License: Revocation
§92.251
When may DHS revoke a license?
§92.252
Does DHS provide notice of a license revocation and opportunity for a hearing to the applicant, license holder, or controlling person?
§92.253
May DHS take more than one enforcement action at a time against a license?
§92.254
How will DHS notify a license holder of a proposed revocation?
§92.255
What information does DHS provide the license holder concerning a proposed revocation?
§92.256
Does the license holder have an opportunity to show compliance with all requirements for keeping the license before DHS begins proceedings to revoke a license?
§92.257
How does a license holder request an opportunity to show compliance?
§92.258
How much time does a license holder have to request an opportunity to show compliance?
§92.259
What must the request for the opportunity to show compliance contain?
§92.260
How does DHS conduct the opportunity to show compliance?
§92.261
Does DHS give the license holder a written affirmation or reversal of the proposed action?
§92.262
Does the license holder have an opportunity for a formal hearing?
§92.263
How long does a license holder have to request a formal hearing?
§92.264
When does the revocation take effect if the license holder does not appeal?
§92.265
When does the revocation take effect if the license holder appeals the revocation?
§92.266
May a facility operate during a revocation?
§92.267
What happens to a license if it is revoked?
Division 4,  Actions Against a License: Temporary Restraining Orders and Injunctions
§92.301
Why would DHS refer a facility to the Office of the Attorney General or local prosecuting authority for a temporary restraining order or an injunction?
§92.302
To whom does DHS refer a facility that is operating without a license?
Division 5,  Actions Against a License: Emergency License Suspension and Closing Order
§92.351
When may DHS suspend a license or order an immediate closing of all or part of a facility?
§92.352
How does DHS notify a facility of a license suspension or immediate closing of all or part of a facility?
§92.353
When does an order suspending a license or closing all or part of a facility go into effect?
§92.354
How long is an order suspending a license or closing all or part of a facility valid?
§92.355
May a license holder request a hearing?
§92.356
Where can a license holder find information about administrative changes?
§92.357
Does a request for an administrative hearing suspend the effectiveness of the order?
§92.358
Does anything happen to a resident's rights or freedom of choice during an emergency relocation?
§92.359
Who does DHS notify if all or part of a facility is closed?
§92.360
Who must a facility notify if all or part of the facility is closed?
§92.361
Who decides where to relocate a resident?
§92.362
Who arranges the relocation?
§92.363
Is a resident's preference considered?
§92.364
What requirements must the facility a resident chooses for relocation meet?
§92.365
Is a receiving facility allowed to temporarily exceed its licensed capacity?
§92.366
Under what conditions is a receiving facility allowed to temporarily exceed its licensed capacity?
§92.367
What requirements must a facility meet to obtain a temporary waiver?
§92.368
How long can a facility have a temporary waiver?
§92.369
Does DHS monitor a facility with a temporary waiver?
§92.370
What records, reports, and supplies are sent to the receiving facility for transferred residents?
§92.371
May a resident return to the closed facility if it reopens within 90 calendar days?
§92.372
Do the relocated residents have any special admission rights at the closed facility?
§92.373
What options does a relocated resident have?
§92.374
Are relocated residents who return to the facility considered new admissions?
Division 6,  Actions Against a License: Civil Penalties
§92.401
When may DHS refer a facility to the Office of the Attorney General for assessment of civil penalties?
§92.402
What is the amount of the civil penalty that can be assessed for operating without a license?
Division 7,  Trustees: Involuntary Appointment of a Trustee
§92.451
When may DHS petition a court for the involuntary appointment of a trustee to operate a facility?
§92.452
When may DHS disburse emergency assistance funds?
§92.453
Must a facility reimburse DHS for emergency assistance funds?
§92.454
When is reimbursement for emergency assistance funds due to DHS?
§92.455
Who is responsible for reimbursement?
§92.456
What happens if a facility does not reimburse DHS in one year?
Division 8,  Trustees: Appointment of a Trustee by Agreement
§92.501
May a facility request the appointment of a trustee to assume operation of a facility?
§92.502
Who may make the request?
§92.503
What are the requirements for a trustee agreement?
§92.504
When does an agreement for a trustee terminate?
§92.505
What happens if the controlling person wants to terminate the agreement, but DHS determines termination of the agreement is not in the best interest of the residents?
§92.506
When DHS appoints a trustee, is the facility always required to pay assessed civil money penalties?
Division 9,  Administrative Penalties
§92.551
Administrative Penalties
Subchapter I,  Access to Residents and Records by the Long-Term Care Ombudsman Program
§92.801
Access to Residents and Records by the Long-Term Care Ombudsman Program