(a) Basis for licensure type. A facility must be licensed as a Type A or Type B facility. A facility's licensure type is based on the capability of the residents to evacuate the facility, as described in this section.
(b) Type A. In a Type A facility, a resident:
  (1) must be physically and mentally capable of evacuating the facility without physical assistance from staff, which may include an individual who is mobile, although non-ambulatory, such as an individual who uses a wheelchair or an electric cart, and has the capacity to transfer and evacuate himself or herself in an emergency;
  (2) does not require routine attendance during nighttime sleeping hours;
  (3) must be capable of following directions under emergency conditions; and
  (4) must be able to demonstrate to HHSC that they can meet the evacuation requirements described in Subchapter D of this chapter (relating to Facility Construction).
(c) Type B. In a Type B facility, a resident may:
  (1) require staff assistance to evacuate;
  (2) require attendance during nighttime sleeping hours;
  (3) be incapable of following directions under emergency conditions; and
  (4) require assistance in transferring to and from a wheelchair; but
  (5) must not be permanently bedfast.
(d) Type C.
  (1) A Type C facility is a four-bed facility that was originally licensed by HHSC to provide adult foster care services as described in 40 TAC Chapter 48, Subchapter K (relating to Minimum Standards for Adult Foster Care).
  (2) HHSC no longer issues Type C licenses and Type C licensure is no longer a requirement to contract with HHSC to provide adult foster care services. In accordance with 40 TAC Chapter 48, Subchapter K, in order to contract with HHSC as a provider of adult foster care services, an applicant must have a current license for a Type A or Type B assisted living facility.

Source Note: The provisions of this §553.5 adopted to be effective August 31, 2021, 46 TexReg 5017