(a) The provider must:
  (1) be a responsible, mature, healthy adult (18 years of age or older) capable of meeting the needs of the residents in the home;
  (2) be physically and mentally able to perform all the required duties and tasks;
  (3) be able to communicate directly with the resident and the resident's family;
  (4) show evidence of an examination for tuberculosis performed within six months prior to the date of enrollment from a licensed physician or a local health department with negative results or, if the results are positive, provide a physician's statement that the disease is non-communicable;
  (5) not deliver direct services when the provider has a communicable disease or illness, but ensure that a resident's needs are met by an approved substitute provider;
  (6) ensure that persons whose behavior or health status endangers the residents are not allowed at the home;
  (7) provide, at the time of enrollment, three references for the provider and the substitute provider from persons not related to the provider or substitute provider;
  (8) not be the spouse of a resident in the provider's care;
  (9) live in and share the same household (i.e., have common living areas that are not detached from the home) with the residents;
  (10) be the primary caregiver of the residents;
  (11) be the owner or lessee of the adult foster home;
  (12) submit to the Department of Aging and Disability Services (DADS) a statement providing information concerning any felony or misdemeanor convictions, and any pending criminal charges against the provider before enrollment and, if the information changes, during the term of its contract;
  (13) have at least one approved substitute provider, who the provider is responsible for paying, before the enrollment process is completed;
  (14) receive orientation covering the topics listed on the adult foster care program orientation checklist before serving residents, and familiarize all substitute providers with the topics;
  (15) participate in six hours of in-service training annually on topics approved by DADS, which must include:
    (A) training on acquired immune deficiency syndrome, human immune deficiency virus, and cultural diversity within one year after enrollment, unless DADS grants a 60-day extension; and
    (B) training on first aid within two years after enrollment, unless DADS grants a 60-day extension, and annually thereafter;
  (16) demonstrate the ability to read and comprehend the minimum standards for adult foster care, the resident and provider agreements, service plans, and DADS directives, unless the provider enrolled as an AFC provider before January 1, 1994;
  (17) prior to initial enrollment, demonstrate and maintain financial stability, independent of DADS provider payment, and demonstrate the ability to meet existing financial obligations;
  (18) not represent any other residential settings that the provider owns or operates as DADS-enrolled homes and report Texas Department of Family and Protective Services investigations of these settings to DADS; and
  (19) agree to abide by all policies and procedures of DADS.
(b) A person who is barred from employment under Chapter 250 of the Texas Health and Safety Code may not be an AFC provider.

Source Note: The provisions of this §278.103 adopted to be effective January 1, 1994, 18 TexReg 8232; amended to be effective December 1, 2013, 38 TexReg 8680; transferred effective June 28, 2024, as published in the June 7, 2024, issue of the Texas Register, 49 TexReg 4061