1. (a) A program provider must ensure that, except as provided in subsection (b) of this section, in a residence in which licensed assisted living is provided:

   1. (1) an individual has privacy in the individual's bedroom;
   2. (2) an individual has the option not to share a bedroom with a roommate;
   3. (3) an individual sharing a bedroom has a choice of roommates;

   4. (4) a lock is installed on the individual's bedroom door at no cost to the individual, and that:

      1. (A) the lock is operable by the individual; and
      2. (B) only the individual, a roommate of the individual, and staff designated by the program provider have keys to the individual's bedroom door;
   5. (5) an individual can furnish and decorate the individual's bedroom;

   6. (6) while in the residence, an individual has the freedom and support:

      1. (A) to control the individual's schedules and activities that are not part of the IPP for licensed assisted living; and
      2. (B) to have access to food at any time;
   7. (7) an individual may have visitors of the individual's choosing at any time; and
   8. (8) the residence is physically accessible and free of hazards to the individual.

2. (b) If an individual's service planning team determines that any of the requirements in subsection (a)(1) - (6) of this section must be modified, the service planning team must:

   1. (1) revise the individual's IPP in accordance with §260.77 of this chapter (relating to Renewal and Revision of an IPP and IPC); and

   2. (2) document on the individual's IPP:

      1. (A) a description of the specific and individualized assessed need that justifies the modification;
      2. (B) a description of any positive interventions and supports that have been tried but did not work;
      3. (C) a description of any less intrusive methods of meeting the need that have been tried but did not work;
      4. (D) a description of the condition that is directly proportionate to the specific assessed need;
      5. (E) a description of how data will be routinely collected and reviewed to measure the ongoing effectiveness of the modification;
      6. (F) the established time limits for periodic reviews to determine if the modification is still necessary or can be terminated;
      7. (G) the individual's or LAR's signature on the IPP evidencing informed consent to the modification; and
      8. (H) the program provider's assurance that the modification will cause the individual no harm.
3. (c) After the service planning team revises an individual's IPP, as required by subsection (b) of this section, the program provider must implement the modification.

Source Note:The provisions of this §260.403 adopted to be effective February 26, 2023, 48 TexReg 896.