(a) Setting. A facility must specify in the contract the type(s) of setting(s) it uses to provide assisted living services according to the following guidelines:      
        (1) Assisted living apartment. An assisted living apartment setting is a living unit that is a private space with living and sleeping areas, a kitchen, a bathroom, and adequate storage space. The bedroom must be single occupancy, except when the participant requests double occupancy in writing. The living unit must have private kitchen and bath facilities.                  (A) Size. Assisted living apartments must have a minimum of 220 square feet, not including the bathroom. Current contracted assisted living apartments that do not meet the square footage requirement may remain at their current size unless the apartment is remodeled. Remodeling includes:                      (i) the construction, removal, or relocation of walls and partitions;                       (ii) the construction of foundations, floors, or ceiling-roof assemblies;                       (iii) the expansion or alteration of safety systems, including:                          (I) sprinkler;                           (II) fire alarm; and                           (III) emergency systems; or                         (iv) the conversion of space in a facility to a different use.                     (B) Kitchen. The kitchen is an area equipped with a sink, refrigerator, a cooking appliance, adequate space for food preparation, and storage space for utensils and supplies. The cooking appliance must be a stove, microwave, or built-in surface unit. The cooking appliance must be able to be removed or disconnected.                   (C) Bathroom. The bathroom must be a separate room in the individual's living area with a toilet, sink, and an accessible bath.         
        (2) Residential care apartment. A residential care apartment setting is a living unit that is a private space with connected sleeping, kitchen, and bathroom areas and adequate storage space. The bedroom must be double occupancy. The living unit must have private kitchen and bath facilities.                  (A) Size. Residential care apartments must have a minimum of 350 square feet of space per client. Indoor common areas used by Department of Aging and Disability Services (DADS) clients must be included in computing the minimum square footage. The portion of the common area allocated must not exceed usable square footage divided by the maximum number of individuals who have access to the common areas.                   (B) Kitchen. The kitchen is an area equipped with a sink, refrigerator, a cooking appliance, adequate space for food preparation, and storage space for utensils and supplies. The cooking appliance must be a stove, microwave, or built-in surface unit. The cooking appliance must be able to be removed or disconnected.                   (C) Bathroom. The bathroom must contain a toilet, sink, and an accessible bath.         
        (3) Residential care non-apartment. A residential care non-apartment setting is a living unit that does not meet either the definition of an assisted living apartment or a residential care apartment. A living unit must not exceed double occupancy.       
        (4) Personal Care 3. A Personal Care 3 setting is only available in the Community Based Alternatives (CBA) Assisted Living/Residential Care (AL/RC) Program, and must meet the following qualifications:                  (A) The facility must be licensed for four to 16 beds in a residential care non-apartment setting.                   (B) The facility must provide 60% or more of its CBA clients with a single occupancy bedroom.                   (C) The facility must maintain a minimum staffing ratio of one direct care staff member for every:                      (i) four clients, including private pay clients, during the day and evening shifts; and                       (ii) eight clients, including private pay clients, during the night shift.                     (D) Sixty percent or more of the total clients served each month must require one-to-one staff assistance as documented on the DADS medical necessity and level of care assessment in one or more of the following activities of daily living:                      (i) transferring;                       (ii) eating; or                       (iii) toileting.           
      (b) Occupancy. The facility must provide each client with a private (singe occupancy) or semi-private (double occupancy) living unit.     
     Source Note:        The provisions of this §46.13 adopted to be effective September 1, 2003, 28 TexReg 6941; amended to be effective January 1, 2006, 30 TexReg 8701; amended to be effective September 1, 2008, 33 TexReg 7285