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

What is a DAHS Facility?

Day Activity Health Services are facilities that provide services under a day activity and health services program on a daily and regular basis, but not overnight, to four or more elderly people or people with disabilities who are not related by blood, marriage or adoption to the owner of the facility. A DAHS facility is formerly known as an adult day care center.

Becoming Licensed in Texas

DAHS facilities must be licensed to operate in Texas. To become licensed, a provider must submit an online application through the TULIP website.

  • Properly complete a license application through TULIP.
  • Pass a background check for all individuals and corporations responsible.
  • Pay the required licensure fee.
  • Pass a Life Safety Code inspection and a health survey.

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.

Types of Applications

Initial

An application that has never been issued an HHSC licensure number to operate in the state of Texas. You must complete the TULIP online application for a license, and have it submitted 45 days before the building is expected to conform to the Life Safety Code and architectural requirements. After HHS has found the building meets requirements, at least one but not more than three people may be admitted. An unannounced inspection will be conducted to determine if the facility meets all requirements for a license.

Change of Ownership

A change of ownership happens when the provider changes the tax identification number. Applications must be submitted 30 days before the anticipated change of ownership.

Renewal

Renewal applications are generated 120 days before the license expires and are accessible through the provider's TULIP account. Renewal applications must be submitted 45 days before the license expiration date. If the applicant submits a renewal application during the 45-day period ending on the date the current license expires, the applicant must pay an additional late fee in the amount equal to half of the total basic renewal fee.

If you cannot access a renewal application or have a question about renewing your license, call Regulatory Services Licensing and Credentialing at 512-438-2630.

Relocation of a Facility

A facility chooses to relocate to an existing building.

Closure

Provider chooses to voluntarily withdraw and cease operations.

Capacity Increase

Requests to increase the capacity at the facility must complete a Life Safety Code survey.

Change of Information

If certain information provided on the initial or renewal application changes after the Texas Health and Human Services Commission issues the license, the provider must report the change to the HHSC Licensing Unit through the online TULIP application within 30 days.

  • Management company agreement (if applicable).
  • Change of real estate owner, lien holder or other encumbrance changes.
  • Changes of ownership interests or stock transfer.
  • Change in director or manager.
  • Change in phone or fax number.

Required Documents and Fees

Required Application Documents

Required Entity Documents

Corporation

  • Proof of IRS tax identification number
  • Company agreement or bylaws

Company Agreement Limited Partnership Agreement

  • Proof of IRS tax identification number
  • Limited partnership agreement

General Partnership

  • Proof of IRS tax identification number
  • General partnership agreement

Sole Proprietor

  • Assumed Name Certificate (issued by the county)
  • Proof of IRS tax identification number

Limited Liability Company

  • Proof of IRS tax identification number
  • Regulations of organization

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 or federal legislative branch)
  • Bylaws or regulations of governmental authority or hospital district/authority
  • Proof of IRS tax identification number

Trust, Living Trust, Estate

  • Will and/or letters, testamentary and/or trust agreement
  • Proof of IRS tax identification number

Fee Schedule

DAHS Fees

Type of Application Fee
Initial $50
Relocation $50
Facilities cannot relocate to an existing licensed building
Change of Ownership $50
Renewal $50
Late Fee $25
Facility Name Change N/A
Capacity Increase N/A
Change of Administrator/Director N/A
Change in Real Estate Owner N/A
Change in Phone or Fax N/A

Time Frames for Applications

Initial

Change of Ownership

Renewal

Completed renewal applications must be submitted 45 days before the current license expires. An applicant for license renewal who submits an application during the 45-day period ending on the date the current license expires must pay a $25 late fee in addition to the license fee.

Rules and Statutes

Inspections and Investigations of Complaints and Incidents

HHS inspects DAHS facilities yearly to ensure they are in compliance with state licensure regulations. HHS also investigates self-reported incidents from facilities and complaints from people using the facilities, 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 HHS determines the facility has investigated a self-reported incident, has determined the cause and has made the necessary changes to remove the problem, HHS can elect not to conduct an on-site investigation. If inspectors find a violation during a visit, they make a follow-up visit to ensure the facility has corrected the violation and is in compliance with the regulations. HHS does not notify facilities prior to conducting inspections or investigations. To learn more on how to report a complaint, visit the HHS Complaint and Incident Intake website.

HHS has available inspectors from many professional disciplines, including registered nurses, social workers, nutritionists, pharmacists, architects, engineers and Life Safety Code specialists. The facility is inspected yearly. 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 detailing the facility's failures to comply with regulations, which are called violations. The facility must make inspection reports available to all people who use the facility and visitors. Interested parties can also request inspection team visit results from Complaint and Incident Intake at 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. Many 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.

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 TAC 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 can review the required application documents at:

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

Regular mail
Texas Health and Human Services
Community Services Contracts Unit
Mail Code W-357
P.O. Box 149030
Austin, TX 78714-9030

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

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

Visit the Texas Unified Licensure Information Portal (TULIP) website for application forms and instructions.

Go to TULIP

Questions about enrolling? Call the Licensing and Certification Unit at 512-438-2630.