(a) Each permit holder of a boarding home facility must ensure that there is on-site supervision of its boarding home facility during any time that a resident is present at the facility.
(b) Each permit holder of a boarding home facility must develop and implement policies and procedures for investigating and documenting injuries, incidents and unusual accidents that involve residents. Permit holders must also establish policies and procedures necessary to ensure resident health and safety.
(1) Minimum requirements for the documentation of injuries, incidents or unusual accidents should include, but are not limited to:
a. Date and time of the injury, incident or unusual accident occurred.
b. Description of the injury, incident or unusual accident.
c. Description of any medical or mental health treatment the resident received.
d. Steps taken by the permit holder to prevent future injuries, incidents or unusual accidents if a problem at the room and board facility resulted in the injury, incident or unusual accident.
e. When the resident's legal guardian or legally authorized representative was notified about the injury, incident or unusual accident.
(2) Residents, the resident's guardian, or legally authorized representatives should be given access to records within 48 hours of requesting the records from the permit holder.
(c) In addition to investigating and documenting injuries, incidents or unusual accidents, a permit holder must report any allegations of abuse, neglect or exploitation of an adult age 65 or older or an adult with a disability to the Texas Department of Family and Protective Services. Failure to report suspected abuse, neglect or exploitation of an elderly adult or adult with a disability is a Class A misdemeanor.
(1) Each permit holder should ensure that each resident has access to a telephone 24 hours per day that is easily accessible and affords privacy for use by residents.
(2) The permit holder shall ensure that no resident is harassed, threatened or intimidated at any time for making a report of abuse, neglect or exploitation.
(3) Permit holders will provide each resident with a copy of the definitions of abuse, neglect or exploitation as outlined in Tex. Human Resources Code, Chapter 48.
(4) Permit holders will allow law enforcement personnel, emergency medical and fire personnel access to the room and board facility when these professionals are responding to a call at the permit holder's room and board facility.
(d) No operator or other employee of a boarding home facility shall provide services or engage in behavior that constitutes a financial conflict of interest including:
(1) Borrowing from or loaning money to residents;
(2) Witnessing wills in which the operator or employee is a beneficiary;
(3) Co-mingling the resident's funds with the operator's or other residents' funds; or
(4) Becoming the guardian, conservator or power of attorney for a resident.
(e) If a permit holder becomes the representative payee for a resident or assists a resident with general money management, the permit holder shall:
(1) Maintain separate financial records for each resident for which the permit holder is the representative payee for the entire period of time the permit holder is the resident's representative payee and continue to maintain the resident's records for one year past the last calendar day the permit holder is the resident's representative payee;
(2) Include in the records an itemized list of expenditures that the permit holder has made on behalf of the resident, including the charges that are assessed by the permit holder;
(3) Maintain receipts for all expenditures in addition to the itemized documentation;
(4) Develop a budget with the resident outlining routine expenditures and ensure that expenditures that are not routine are discussed with the resident before the resident's funds are expended; and
(5) The permit holder will allow the resident, the resident's guardian, or legally authorized representative access to the resident's financial records that are maintained by the permit holder within forty-eight hours of receiving a request.
(f) A permit holder of a boarding home facility shall develop a service agreement with each resident and maintain a copy of the agreement signed by the resident.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)