Texas Human Resources Code 105.003 – Disclosure Required in Contract
Terms Used In Texas Human Resources Code 105.003
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
An establishment that is not required to be licensed as an assisted living facility under Chapter 247, Health and Safety Code, shall execute a contract with each of its residents that contains, in addition to other required information, the following elements:
(1) the name, street address, and mailing address of the establishment;
(2) the name and mailing address of at least one person authorized to act on behalf of the owner or owners or management agent of the establishment;
(3) a statement describing the licensure status of the establishment;
(4) the name, mailing address, and telephone number of any provider, including any individual or entity, regardless of whether licensed, providing supportive services under a contract with the establishment;
(5) the term of the contract;
(6) a description of the services to be provided that are included in the base monthly rate to be paid by the resident;
(7) a description of any additional services available for an additional fee from a provider through a contract with the establishment;
(8) a provision requiring the establishment to provide written notice of any change in fee schedules that outline the cost of additional services not later than the 31st day before the effective date of the change;
(9) a description of the process by which the contract may be modified, amended, or terminated;
(10) a description of the complaint resolution process available to residents;
(11) the name, street address, mailing address, and telephone number of the resident’s designated representative, if any;
(12) a description of the billing and payment procedures and requirements;
(13) a statement ensuring the ability and right of residents to receive services from providers with whom the establishment does not have a contract; and
(14) a statement identifying the life safety and fire codes met by the building and a statement indicating whether those codes are comparable to the codes with which an assisted living facility licensed under Chapter 247, Health and Safety Code, must comply.