Texas Attorney General Opinion: GA-0403 Page: 2 of 9
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Commissioner James R. Hine - Page 2
11.18(k)(1) (Vernon Supp. 2005) (defining "assisted living services" to mean "responsible adult
supervision of or assistance with routine living functions of an individual in instances where the
individual's condition necessitates that supervision or assistance"). Chapter 247 also defines the
phrase "personal care services" to mean
(A) assistance with meals, dressing, movement, bathing, or
other personal needs or maintenance;
(B) the administration of medication by a person licensed to
administer medication or the assistance with or supervision of
medication; or
(C) general supervision or oversight of the physical and
mental well-being of a person who needs assistance to maintain a
private and independent residence in an assisted living facility or who
needs assistance to manage the person's personal life, regardless of
whether a guardian has been appointed for the person.
TEX. HEALTH & SAFETY CODE ANN. 247.002(5) (Vernon Supp. 2005); see also 40 TEX. ADMIN.
CODE 92.3(28) (2005) (Tex. Dep't of Aging & Disability Servs., Definitions).
Your agency, the Department of Aging and Disability Services (the "Department"), enforces
chapter 247, the Assisted Living Facility Licensing Act (the "Act"). See Request Letter, supra note
1, at 1; see also TEX. HEALTH & SAFETY CODE ANN. 247.001 (Vernon 2001) (titling the Act).
You tell us that in 2004 the Department "received a complaint concerning an establishment that is
characterized by its owners as a retirement community, where more than four persons unrelated to
the owner reside." Request Letter, supra note 2, at 2; cf TEX. TAX CODE ANN. 11.18 (Vernon
Supp. 2005) (defining "retirement community" to mean "a collection of various types of housing that
are under common ownership and designed for habitation by individuals over the age of 62"). You
continue:
The owner of this establishment also operates a licensed nursing
facility [see TEX. HEALTH & SAFETY CODE ANN. 242.301(1)
(Vernon 2001) (defining "nursing facility")] at a nearby location,
and is a licensed home and community support services agency ...
under Chapter 142, Health and Safety Code. The [Department]
investigation revealed that, as part of the initial residential contract,
residents of the retirement community must agree to the exclusive use
of the owner's licensed home health agency [see id. 142.001(12),
(13) (Vernon Supp. 2005) (defining "home and community support
services agency" and "home health services," respectively)] to
provide any personal care or home health care services that may be
needed by the resident. If a resident wants to obtain personal care or
other home health services from any other provider, the resident
would be in violation of the residential contract and would be(GA-0403)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0403, text, February 23, 2006; (https://texashistory.unt.edu/ark:/67531/metapth275299/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.