1. (a) Applications. All applications must be made on forms prescribed by and available from DADS.

   1. (1) Each application must be completed in accordance with DADS instructions, and it must be signed and notarized.
   2. (2) Changes to information required in the application must be reported to DADS, as required by §19.1918 of this title (relating to Disclosure of Ownership).

2. (b) General information required. An applicant must file with DADS an application that contains:

   1. (1) for initial applications and change of ownership only, evidence of the right to possession of the facility at the time the application will be granted, which may be satisfied by the submission of applicable portions of a lease agreement, deed or trust, or appropriate legal document. The names and addresses of any persons or organizations listed as owner of record in the real estate, including the buildings and grounds, must be disclosed to DADS;
   2. (2) a certificate of good standing issued by the Comptroller of Public Accounts;
   3. (3) for initial applications and change of ownership only, the certificate of incorporation issued by the secretary of state for a corporation or a copy of the partnership agreement for a partnership; and

   4. (4) for a facility that advertises, markets, or otherwise promotes that it provides services to residents with Alzheimer's disease and related disorders, a disclosure statement, using the departmental form, describing the nature of its care or treatment of residents with Alzheimer's disease and related disorders, as required by the Texas Health and Safety Code, §242.202.

      1. (A) Failure to submit the required disclosure statement will result in an administrative penalty in accordance with §19.2112 of this title (relating to Administrative Penalties).

      2. (B) The disclosure statement must contain the following information:

         1. (i) the facility's philosophy of care for residents with Alzheimer's disease and related disorders;
         2. (ii) whether the facility is certified under Texas Health and Safety Code §242.040 for the provision of specialized care and treatment of residents with Alzheimer's disease and related disorders;
         3. (iii) the preadmission, admission, and discharge process;
         4. (iv) resident assessment, care planning, and implementation of the care plan;
         5. (v) staffing patterns, such as resident to staff ratios, and staff training;
         6. (vi) the physical environment of the facility;
         7. (vii) resident activities;
         8. (viii) program charges;
         9. (ix) systems for evaluation of the facility's program;
         10. (x) family involvement in resident care; and
         11. (xi) the telephone number for DADS toll-free complaint line.

      3. (C) A facility must:

         1. (i) amend its disclosure statement if changes in the operation of the facility will affect the information in the disclosure statement required by subparagraph (B)(i) - (xi) of this paragraph; and
         2. (ii) submit the amended disclosure statement to DADS at least 30 days before the changes are effective.
3. (c) Requested information. An applicant or license holder must provide any information DADS requests within 30 days after the request.
4. (d) Exemptions. The provisions of this section do not apply to a bank, trust company, financial institution, title insurer, escrow company, or underwriter title company to which a license is issued in a fiduciary capacity.

Source Note:The provisions of this §554.204 adopted to be effective May 1, 1995, 20 TexReg 2054; amended to be effective July 1, 1996, 21 TexReg 4408; amended to be effective September 1, 1996, 21 TexReg 7859; amended to be effective March 1, 1998, 23 TexReg 1314; amended to be effective August 1, 2000, 25 TexReg 6779; amended to be effective September 1, 2007, 32 TexReg 4231; amended to be effective July 21, 2016, 41 TexReg 5203; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871.