(a) Negotiated move-in date. The facility must negotiate a move-in date with the Texas Department of Human Services (DHS) case manager and the client or the client's representative.
(b) Reserved space. The facility must reserve a living unit for three days from the agreed upon move-in date for each referred client. The facility may request another referral after three days if the move-in date is not re-negotiated.
(c) Client and facility agreement. The facility must have a written agreement with the client or the client's representative. Both parties must sign the written agreement before or at the time of admission. The written agreement must include the following:
  (1) bedhold policies for hospital and nursing facility stays;
  (2) personal leave policies and charges;
  (3) eviction procedures;
  (4) all available services in the facility; and
  (5) charges for services not paid by DHS and charges not included in the facility's basic daily rate, as described in §46.15 of this chapter (relating to Additional Services and Fees).
(d) Health assessment and service plan.
  (1) The facility must complete a health assessment and develop an individual service plan as described in §92.41(c) of this title (relating to Standards for Type A, Type B, and Type E Assisted Living Facilities).
  (2) In addition to the items described in §92.41(c) of this title, the health assessment developed by the facility must contain the following items:
    (A) vision patterns;
    (B) skin conditions;
    (C) body control problems; and
    (D) vital signs, height, and weight.
  (3) The health assessment and individual service plan must be completed:
    (A) within 72 hours of admission to the facility; and
    (B) by the appropriate person(s).
      (i) The facility manager or a nurse must complete the health assessment and individual service plan.
      (ii) A nurse must complete the medication administration portion of the health assessment for Community Based Alternatives (CBA) Assisted Living/Residential Care (AL/RC) clients. If the nurse is a licensed vocational nurse (LVN), a registered nurse (RN) must sign off on the medication administration portion of the health assessment.

Source Note: The provisions of this §46.39 adopted to be effective September 1, 2003, 28 TexReg 6941