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 Texas Department of Aging and Disability Services (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:

Learn more about DADS provider enrollment process and requirements.

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 on Form 5831, Application Checklist, Regionally Enrolled.

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, and 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
Texas Health and Human Services ARTS
Mail Code 1470
P.O. Box 149055
Austin, TX 78714

Overnight delivery
Texas Health and Human Services ARTS
Mail Code 1470
P.O. Box 149055
Austin, TX 78714

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

Request for a Provisional License — For Newly Constructed Assisted Living Facilities Only. The department shall, upon
submission of a written request by the applicant, automatically issue a six-month provisional license without conducting a Life Safety Code
(LSC) inspection if:

  1. before beginning construction, the license applicant has submitted building plans (including working drawings and specifications) to DADS for an early compliance review in accordance with Health and Safety Code Section 247.0261 and Texas Administrative Code, Title 40, Part 1, Chapter 92, Section 92.64;
  2. all local approvals, including a certificate of occupancy where required, have been obtained;
  3. a complete license application form is submitted within 30 days of receipt of all local approvals;
  4. the license fee has been paid;
  5. the department determines that the license applicant (or a person
    who owns the license applicant and controls the operations of the
    license applicant) constructed in this state another facility that
    complies with the department's LSC standards; and
  6. the facility is in compliance with resident care standards based on an on-site health inspection.

Request for an Expedited Life Safety Code (ELSC) Inspection

  • An applicant for an initial license may obtain an 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
    • the required fee in accordance with the Assisted Living Licensing Standards, 40 TAC §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 inspection fee again.
  • DADS will conduct the ELSC inspection within 15 business days after receipt of the request and fee, and after all requirements are met.
  • Use the following forms if you are requesting an ELSC inspection for Alzheimer's Certification or a Licensed Capacity increase:

For new construction, remodeled buildings or buildings that have never been licensed:

Completed applications for a license should be submitted 45 days before the building is expected to conform to the LSC 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 to the facility. After the facility has admitted at least one but no more than three residents, the applicant must send a written notice to DADS indicating that the facility is ready for a health inspection. An unannounced inspection will then 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

  • Corporation
    • Certificate of Incorporation
    • Certificate of Authority
    • Articles of Incorporation
    • By-laws
    • Assumed Name Certificate, if applicable, issued by the county and the state
    • Any Certificates of Amendment
  • Limited partnership
    • Certificate of Limited Partnership
    • Certificate of Authority
    • Limited Partnership Agreement
    • Assumed Name Certificate, if applicable, issued by the county and the state
    • Any Certificates of Amendment
  • General partnership
    • General Partnership Agreement
    • Assumed Name Certificate issued by the county
    • Any Certificates of Amendment
  • Sole proprietor
    • Assumed Name Certificate issued by the county
  • Limited liability company
    • Certificate of Formation
    • Certificate of Authority
    • Articles of Organization
    • Regulations of Organization
    • Assumed Name Certificate, if applicable, issued by the County and the State
    • Any Certificates of Amendment
  • City, county, state or federal government authority or hospital district/authority
    • Documents authorizing formation of and establishing the existence of governmental authority or hospital district/authority (obtain from city council, county commissioner's court or state/federal legislative branch)
    • By-laws or regulations of governmental authority or hospital district/authority
  • Trust, living trust, estate
    • Will, letters, testamentary or trust agreement

Time frames

  • Completed applications for a license must be submitted 60 days before the requested date of the issuance of the license.
  • Completed applications for the renewal must be submitted 45 days before the current license expires. An applicant who submits an application for renewal later than the 45th day before the expiration date of the license must pay a late fee of an amount equal to one-half of the basic renewal fee.
  • Completed applications for a change of ownership must be submitted 30 days before the anticipated date of the sale or transfer.
  • 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 has found that the building meets the requirements, at least one but not more than three residents may be admitted and an unannounced inspection will be conducted to determine if the facility meets all requirements for a license.

Requirements

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 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.