How to become an ALF provider
Contracting to provide services
To be eligible to provide services and receive reimbursement for these services, a provider agency must meet certain eligibility criteria. Rules regarding program and contracting requirements can be found in Title 40 of the Texas Administrative Code (TAC) as follows:
A facility must obtain a DADS Assisted Living License (Type A or B). Rules regarding licensing requirements can be found in Title 40 of the Texas Administrative Code (TAC) as follows:
For more information about DADS provider enrollment process and requirements, please click here.
An individual or provider agency must complete an application to provide services in the Community Services programs. Once you have met the minimum eligibility criteria, you may review the required application documents by clicking on the link below.
The required application documents may be downloaded for completion. Please contact your local Community Services Contracts Unit Manager to obtain the mailing address to submit completed documents.
If you prefer DADS mail you the required application documents, please contact your local Community Services Contracts Unit Manager to request an application packet and obtain the mailing address to submit completed documents.
Licensing
DADS licenses and inspects assisted living facilities to ensure compliance with state regulations. Through these regulatory activities, DADS protects Texas citizens who receive long-term care services.
Assisted living facilities must be licensed to operate in Texas. To become licensed, a facility must:
In addition, background checks are conducted on the individuals and corporations responsible for resident health and safety to ensure that the responsible parties have a good history of operating long-term care facilities.
For a facility to retain its license, the results of any inspection, follow-up visit or complaint/incident investigation must show the facility complies with the current state licensure laws and rules.
Unlicensed facilities
Some businesses illegally provide food and shelter to four or more individuals and provide personal care services to those individuals. These providers have never applied for a license or have been denied a license based on their failure to meet health, fire or building safety requirements.
DADS is aware of some unlicensed facilities. DADS is either working to get the facilities licensed and to comply with health and safety requirements or is in the process of closing them. If you have a question about the license status of a facility, call DADS Consumer Rights and Services at 1-800-458-9858.
Licensing forms
Applications and required fees should be sent to:
Regular Mail
Accounts Receivable
Mail Code E-411
P.O. Box 149030
Austin, TX 78714-9030
Overnight delivery
Accounts Receivable
Mail Code E-411
Texas Department of Aging and Disability Services
701 West 51st Street
Austin, TX 78751
Required documents
Note: Facilities should use Form 3720, Application for State License to Operate a Long-term Care Facility, to:
Apply for a License
- Initial
- Initial new construction - provisional license (Assisted Living Facility's only)
- Change of ownership
- Relocation of a facility
Report Changes and Updates
- Management company
- Replacement of facility
- Change of real estate owner, lien holder, or other encumbrance changes
- Changes of ownership interests or stock transfers of 5 percent to 49 percent
For Initial Applications
For Initial New Construction – Provisional License (Assisted Living Facility's only). The department shall, upon submission of a written request by the applicant, automatically issue a provisional license to a newly constructed facility if:
- the written request is received via certified mail;
- the facility is in compliance with resident care standards;
- all local approvals have been obtained;
- a complete license application is submitted within 30 days of receipt of all local approvals;
- the license fee has been paid;
- before beginning construction, the license applicant submits working drawings and specifications to the department for review; and
- the department verifies that the license applicant constructed another facility in this state that complies with the department's life safety code standards.
- Letter announcing readiness for Life Safety Code inspection
- An applicant for an initial license may obtain an Expedited Life Safety Code (ELSC) inspection after DADS receives a completed application, all fees and all required documents.
- To request an ELSC inspection, you must submit a written request informing the Facility Licensing Unit, Regulatory Services, that the facility meets the architectural requirements and is ready for its ELSC inspection and submit the required fee in accordance with the Assisted Living Licensing Standards, Sections 92.4 Expedited Life Safety Code and Physical Plant Inspection Fees.
- A fee is required for each ELSC inspection. This fee covers only one ELSC inspection. If the applicant doesn't pass the first LSC inspection and requests that the follow-up be expedited, the applicant must pay the ELSC fee again.
- DADS will conduct the ELSC within 15 days after receipt of request and fee, and after all requirements are met.
- Letter announcing readiness for health inspection
- Form 3721, Application to Certify Long Term Care Facility for Alzheimer's Disease and Related Disorders or Alzheimer's Assisted Living Facility Type B only (if applicable)
- Form 3716, Application to increase Licensed Capacity of a Long Term Care Facility
For new construction, remodeled buildings, or buildings never licensed:
Completed applications for a license must be submitted 45 days before the building is expected to conform to the Life Safety Code and architectural requirements.
After DADS determines that the building meets the LSC requirements, at least one but not more than three residents may be admitted and an unannounced inspection will be conducted to determine whether the facility meets all requirements for a license.
- Health Authority Letter
- Property documents (lease, sublease, mortgage, lien information) (one copy of each)
- Certificate of Account Status or Certification of Exemption and a Certificate of Incorporation, if the application is submitted by a corporation. (From the Texas Comptroller of Public Accounts)
- Certificate of Registration (if not formed in Texas, authority to transact business in Texas, formerly called Certificate of Authority)
- Form 3736, Application for State Licensing to Operate a Type C Assisted Living Facility (One original)
Note: Please include the $100 license fee with the initial (new) or change of ownership application.
Alzheimer's certification required documents
Required entity documents
Time frames
Requirements
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Medicaid provider enrollment
All providers performing medical services who wish to be eligible for reimbursement for Title XIX (Medicaid) benefits must complete the required Medicaid Provider Enrollment Application forms and, if applicable, enter into a written provider agreement. For information on how to become a Medicaid provider, please visit the Texas Health and Human Services Commission website.
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Inspections and investigations of complaints and incidents
DADS inspects assisted living facilities every two years to ensure that they are in compliance with state licensure regulations. DADS also investigates 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 conducts 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.
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 are 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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Updated:
January 29, 2013
