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Who a Texas assisted living facility may admit and keep

Evacuation, night care and bedfast status set the limits, and the license type sets which limit applies.

Quick answer

The facility's license type and its own assessment decide: a Type A facility may admit only residents who can evacuate without help and need no routine night care, a Type B facility may admit residents who need help with both, and no assisted living facility may admit someone who is permanently bedf

Home›Texas Rules›Who a Texas assisted living facility may admit and
Last verified: November 2026

What decides whether a parent can move into El Paso assisted living?

The facility's license type and its own assessment decide: a Type A facility may admit only residents who can evacuate without help and need no routine night care, a Type B facility may admit residents who need help with both, and no assisted living facility may admit someone who is permanently bedfast.

Every facility also assesses the person before admission and builds a service plan from that assessment. It must have a written admission agreement that explains services and charges and includes a statement about possible Medicare benefits; HHSC cites facilities that skip it. Ask for the agreement before deposit day and read the sections on care-level charges and discharge.

Can an El Paso assisted living resident receive home health or hospice?

Yes. Residents of Texas assisted living facilities can receive Medicare home health and hospice from licensed agencies in their rooms, which lets many people with growing needs stay rather than move to a nursing facility.

The facility remains responsible for daily care and supervision; the agency adds nursing visits, therapy or comfort care. HHSC's directory shows 93 home health agencies and 43 hospice agencies with offices in El Paso County, plus 108 agencies licensed only for personal assistance services. Ask the facility which agencies it works with most often, and remember that you choose the agency, not the facility.

When must a Texas assisted living resident move out?

A resident must move when the facility can no longer meet their needs within its license, for example when a Type A resident can no longer evacuate alone, when anyone becomes permanently bedfast, or when care needs exceed what the facility's staff can safely provide.

Texas residents' rights rules (26 TAC 553.267) protect residents from being moved without proper notice, and a resident can raise a discharge dispute with the long-term care ombudsman. In practice, families get the most warning when they ask early: at what point would you recommend a higher level of care, and who decides? Ask how many residents moved out for health reasons in the last year.

Who handles medications in Texas assisted living?

Facilities may supervise residents who take their own medications or administer medications through qualified staff, and they must give medications as the physician ordered (26 TAC 553.261); a medication error tied to that rule drew a $3,000 penalty at one El Paso facility in 2025.

Ask whether a licensed nurse oversees the medication system, who is allowed to pass medications on nights and weekends, and how the facility handles a new prescription after a hospital stay. Bring the current medication list to the admission meeting and ask the facility to reconcile it with the physician's orders in writing.

What protections do El Paso assisted living residents have?

Texas gives assisted living residents written rights under 26 TAC 553.267, including freedom from abuse, neglect and exploitation, privacy, the right to manage their own money, to make complaints without retaliation and to receive visitors.

8 of the metro's 31 assisted living facilities have at least one administrative penalty on TULIP, 11 penalties in all; the citations most often involve staffing, freedom from abuse and neglect, and fire safety. Facilities must also register with 2-1-1 Texas for disaster assistance and keep an emergency plan that covers evacuation and sheltering, items that appear among El Paso Life Safety Code findings. If a right is not respected, call the ombudsman at the Rio Grande Area Agency on Aging, (915) 533-0998, or HHSC complaint intake at 1-800-458-9858.

Side by side

Texas assisted living mayTexas assisted living may not
AdmissionAdmit residents who need help evacuating, if licensed Type BAdmit a permanently bedfast resident
MedicalHost Medicare home health and hospice in the resident's roomProvide continuous skilled nursing like a nursing facility
MedicationsAdminister medications as the physician orderedChange doses without an order
DischargeMove a resident whose needs exceed the licenseIgnore the resident's rights and notice rules

Sources: Texas Health and Safety Code chapters 142, 242 and 247; 26 Texas Administrative Code chapters 553, 554, 558 and 559; HHSC program handbooks; CareScout, CMS and VA rate tables, as cited above. See our editorial standards.

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