Texas Health and Safety Code
§ 247.066 — APPROPRIATE PLACEMENT DETERMINATION
HS § 247.066Title 4. HEALTH FACILITIES · Part B. LICENSING OF HEALTH FACILITIES · Ch. 247. ASSISTED LIVING FACILITIES · Art. D. MISCELLANEOUS PROVISIONS
Statute text
View on source(a)The department may not require the removal and relocation of a resident of an assisted living facility if the resident's presence in the facility does not endanger other residents and the resident can receive adequate care at the facility through services:
(1)provided by the facility in accordance with its license; or
(2)obtained by the resident from other providers.
(b)In assessing whether a resident can receive adequate care at a facility, the department shall consider all relevant factors, including the placement preference expressed by the resident with the agreement of the facility operator, the resident's physician, and the resident's family members or other representatives. (b-1) If a facility identifies a resident who the facility believes is inappropriately placed at the facility, the facility is not required to move the resident if the facility obtains the written statements and waiver prescribed by Subsection (c).
(c)If a resident is inappropriately placed at a facility, the facility is not required to move the resident if, not later than the 10th business day after the date that the facility determines or is informed of the department's determination that a resident is inappropriately placed at the facility, the facility:
(1)obtains a written assessment from a physician that the resident is appropriately placed;
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Legislative history
Acts 2011, 82nd Leg., R.S., Ch. 305 (H.B. 2109), Sec. 1, eff. June 17, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0725, eff. April 2, 2015. Acts 2025, 89th Leg., R.S., Ch. 590 (H.B. 2358), Sec. 1(1), eff. June 20, 2025.