Provider Letter 18-04 The new rule describes the requirement of a facility to allow a resident to use a wheelchair self-release seatbelt if the resident meets certain conditions. Addressed to providers including Assisted Living Facilities (ALFs), Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions (ICFs/IID), and Nursing Facilities (NFs). The new rules implement §322.0515, Texas Health and Safety Code, as added by House Bill (HB) 284 of the 85th Legislature, Regular Session, 2017.
The new wheelchair self-release seat belt rules require a facility to allow a resident to use a self-release seat belt if:
• The resident or resident’s legal guardian requests the seat belt;
• The resident consistently demonstrates the ability to fasten and release the seat belt without assistance;
• The use of the seat belt is documented in and complies with the resident’s plan of care; and
• The facility receives written authorization, signed by the resident or the resident’s legal guardian for use of the seat belt.
The new rules can be found at:
• Texas Administrative Code, Title 40 (40 TAC) §19.424 for a NF;
• 40 TAC §90.45 for an ICF/IID; and
• 40 TAC §92.128 for an ALF.
