Home and Community-based Services (HCS) Program Providers obtain approval from the Department of Aging and Disability Services (DADS) for a four-person residence. In addition, this letter addresses the process to obtain approval from DADS for a four-person residence acquired by an HCS program provider from another program provider. As stated in Title 40, Texas Administrative Code (TAC), Part 1, Chapter 9, Subchapter D, §9.188(a), a program provider must obtain written approval from DADS before providing residential support in a four-person residence. To obtain approval, DADS rule §9.188(b) and Home and Community-based Services (HCS) Handbook, Section 14910, Four-Person Home Approval Policy and Procedures, require a program provider to submit the following documentation to DADS: • the address and county of the residence; • the current date; • the name of the program provider; • the contact person and phone number with area code; • the program provider’s component code and contract number; • the location code for the home; • certification from the program provider that the program provider intends to provide • residential support to one or more individuals who will live in the residence; • one of the following certifications required by 40 TAC §9.178(e)(1)(A): 1. certification by: a. the local fire safety authority having jurisdiction in the location of the residence as being in compliance with the applicable portions of the National Fire Protection Association 101: Life Safety Code (Life Safety Code) as determined by the local fire safety authority; b. the local fire safety authority having jurisdiction in the location of the residence as being in compliance with the applicable portions of the International Fire Code (IFC) as determined by the local fire safety authority; or c. the Texas State Fire Marshal’s Office as being in compliance with the applicable portions of the Life Safety Code as determined by the Texas State Fire Marshal’s Office; or 2. certification by DADS as being in compliance with the portions of the Life Safety Code.
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