The Texas Health and Human Services (HHS) licenses and surveys facilities to ensure compliance with state and federal laws and regulations to protect Texans who are receiving long-term care services.

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 minimum eligibility requirements for contracting can be found in Title 40 of the Texas Administrative Code as follows:

Click here for more information about the HHS 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 at:

The forms may be downloaded for completion. Completed forms and any additional required information should be mailed to:

Regular mail
Texas Department of Aging and Disability Services
Community Services Contracts Unit
Mail Code W-357
P.O. Box 149030
Austin, TX 78714-9030

Overnight/Express delivery
Texas Department of Aging and Disability Services
Community Services Contracts Unit
Mail Code W-357
701 W. 51st St.
Austin, TX 78751

Should you have any questions regarding the enrollment process for these programs, contact the Community Services Contracts Unit at 512-438-3550. Please be advised that contract applications must be submitted by mail to the address above and may not be submitted electronically or by facsimile.

Licensing

DAHS facilities must be licensed to operate in Texas. To become licensed, a facility must:

  • properly complete a license application;
  • pay the required licensure fee; and
  • pass a health and Life Safety Code inspection.

In addition, background checks are conducted on the individuals and corporations responsible for client health and safety to ensure that they have a good history of operating long-term care facilities.

For a facility to retain its license, the results of any inspection, survey, follow-up visit or complaint/incident investigation must show the facility to be in substantial compliance with the current state licensure laws and rules.

Licensing Forms and Procedures

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
  • 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% to 49%

For Initial Applications

  • Letter announcing readiness for Life Safety Code inspection
  • Letter announcing readiness for health inspection

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 HHS has found that the building meets the requirements, at least one but not more than three clients may be admitted and an unannounced inspection will be conducted to determine if 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 or partnership.
  • Certificate of Registration (if not formed in Texas, authority to
    transact business in Texas, formerly called Certificate of Authority)

Required Entity Documents

  • Corporation
    • Certificate of incorporation
    • Certificate of registration (if not formed in Texas, authority
      to transact business in Texas, formerly called Certificate of Authority)
    • Articles
    • By-laws
    • Letter of Good Standing
    • Assumed Name Certificate
    • Proof of IRS Tax ID Number
    • Any Certificates of Amendment
  • Limited partnership
    • Certificate of Limited Partnership
    • Certificate of Registration (if not formed in Texas, authority
      to transact business in Texas, formerly called Certificate of Authority)
    • Limited Partnership Agreement
    • Assumed Name Certificate
    • Proof of IRS Tax ID Number
    • Any Certificates of Amendment
  • General partnership
    • General Partnership Agreement
    • Proof of IRS Tax ID Number
    • Any Certificates of Amendment
  • Sole proprietor
    • Assumed Name Certificate issued by the county
  • Limited liability company
    • Certificate of Organization
    • Certificate of Registration (if not formed in Texas, authority to transact business in Texas, formerly called Certificate of Authority)
    • Articles of Organization
    • Regulations of Organization
    • Letter of Good Standing
    • Assumed Name Certificate
    • Proof of IRS Tax ID Number
    • 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 commissioners
      court or state/federal legislative branch)
    • By-laws or regulations of governmental authority or hospital district/authority
  • Trust, living trust, estate
    • Will and/or Letters, Testamentary and/or Trust Agreement

Time Frames

Requirements

Inspections and Investigations of Complaints and Incidents

HHS inspects DAHS facilities annually to ensure that they are in compliance with state licensure regulations. HHS also investigates self-reported incidents from facilities and complaints from clients, 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.

HHS conducts on-site investigations for all complaints received. If DADS determines that the facility has investigated a self-reported incident, has determined the cause and has made the necessary changes to remove the problem, HHS 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. HHS does not notify facilities prior to conducting inspections or investigations. For information on how to report a complaint, please visit the HHS Consumer Rights and Services website.

HHS has available inspectors from a number of professional disciplines, including registered nurses, social workers, nutritionists, pharmacists, architects, engineers and Life Safety Code specialists. The facility is inspected annually. HHS 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 clients 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 the report, HHS 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 facility closure.

State regulations give facilities the right to request an informal dispute resolution of the cited violations and to appeal enforcement actions.