Texas - Assisted Living Facility — Licensing, Medicaid Enrollment and Startup Requirements
Last reviewed: 2026-09-10
Texas Health and Human Services Commission (HHSC) licenses Assisted Living Facilities (ALFs) under Texas Administrative Code Title 26, Chapter 553, and funds these services primarily through the STAR+PLUS Medicaid managed care program. The service provides a 24-hour living arrangement that combines housing, personal care, supervision, and assistance with daily activities for adults who are elderly or have disabilities.
Approval requires securing a Type A or Type B state license via the Texas Unified Licensure Information Portal (TULIP), passing life safety and health inspections, enrolling as a provider through the Texas Medicaid & Healthcare Partnership (TMHP), and successfully credentialing with regional STAR+PLUS Managed Care Organizations (MCOs). Securing an active network contract with at least one regional STAR+PLUS MCO dictates whether a licensed facility can actually bill Medicaid for services rendered.
1. Service Definition and Scope
In Texas, an Assisted Living Facility (ALF) provides congregate residential care, personal care services, and supervision. HHSC categorizes ALFs into distinct license types based on the residents' ability to evacuate the facility and their need for nighttime attendance.
Facilities may also obtain specialized certifications to market specific types of care, such as Alzheimer's services, which require adherence to additional environmental and staffing regulations.
- Type A License: Issued to facilities serving residents who can evacuate independently and do not require routine nighttime attendance.
- Type B License: Issued to facilities serving residents who require staff assistance to evacuate or need nighttime attendance.
- Type C License: A legacy four-bed license used for adult foster care homes; new Type C licenses are no longer issued by HHSC.
- Alzheimer's Certification: Requires a facility or distinct unit to hold a Type B license in order to advertise, market, or promote specialized care for people with Alzheimer's disease or related disorders.
- Medicaid Delivery Models: Under the STAR+PLUS waiver, facilities may contract to provide services in specific living arrangements, including assisted living apartments, residential care apartments, and residential care non-apartments.
2. Regulatory and Oversight Agencies
The Texas Health and Human Services Commission (HHSC) is the primary state agency responsible for licensing, inspecting, and regulating ALFs. Medicaid provider enrollment is managed by a separate state contractor, while daily Medicaid service authorization is handled by managed care plans.
Providers must interact with multiple state portals and regional entities to maintain both their facility license and their Medicaid billing privileges.
- Texas Health and Human Services Commission (HHSC): Licenses facilities, conducts life safety and health surveys, and enforces Chapter 553 regulations (https://www.hhs.texas.gov).
- Texas Unified Licensure Information Portal (TULIP): The mandatory electronic system for submitting initial ALF license applications, renewals, and ownership changes (https://www.hhs.texas.gov/business/licensing-credentialing-regulation/tulip-online-licensure-application-system).
- Texas Medicaid & Healthcare Partnership (TMHP): Processes foundational Medicaid provider enrollment and issues the Provider Enrollment and Management System (PEMS) record (https://www.tmhp.com).
- STAR+PLUS Managed Care Organizations: Regional health plans that contract with licensed ALFs to authorize and pay for Medicaid waiver services (https://www.hhs.texas.gov/services/health/medicaid-chip/programs-services/starplus).
3. Gatekeeping Prerequisites: Who Can Even Apply
Texas does not utilize a Certificate of Need (CON) program or impose state-level moratoria on new Assisted Living Facility licenses. Any entity that meets the physical plant, zoning, and background check requirements may apply for a license through HHSC.
However, access to Medicaid reimbursement is strictly gated by managed care network needs. A facility can be fully licensed by the state but unable to serve Medicaid participants if regional health plans are not accepting new providers.
- Certificate of Need: Texas does not have a CON program or need-review approval process blocking initial ALF licensure applications.
- MCO Network Contracting: Medicaid reimbursement requires an active contract with a regional STAR+PLUS MCO; MCOs may close their networks to new ALF providers based on regional network adequacy.
- Prelicensure Training: Applicants must complete the mandatory HHSC ALF prelicensure training before submitting an initial application in TULIP.
- Local Approvals: Facilities must secure local fire marshal and building code approvals prior to requesting the state life safety inspection.
4. Licensure and Certification Requirements
All ALFs must be licensed by HHSC under Texas Administrative Code, Title 26, Chapter 553 before admitting residents. The process requires submitting an application through TULIP and passing rigorous physical plant and operational inspections.
Licenses are issued for a specific capacity and type, and they cannot be transferred to new owners or locations without formal HHSC approval.
- Application Portal: All initial applications, fees, and supporting documents must be submitted electronically through TULIP.
- License Term: Texas ALF licenses are valid for three years and are non-transferable.
- Inspections: Facilities must pass an on-site life safety code inspection and a separate on-site health inspection prior to receiving a license.
- Alzheimer's Certification: Requires a distinct application, a Type B license, and compliance with specialized staffing and environmental standards.
- Capacity Limits: The license specifies the maximum number of beds; exceeding this capacity is a direct violation of Chapter 553.
5. Medicaid Provider Enrollment
After obtaining an ALF license from HHSC, facilities wishing to serve Medicaid clients must enroll as providers through the Texas Medicaid & Healthcare Partnership (TMHP). This establishes the facility's foundational Medicaid record.
Once enrolled with TMHP, the facility must separately apply for credentialing and contracting with the STAR+PLUS MCOs operating in their specific service region.
- TMHP PEMS Enrollment: Providers must submit their ALF license, ownership details, and background disclosures through the TMHP portal to receive a Texas Provider Identifier (TPI).
- STAR+PLUS Credentialing: Following TMHP enrollment, providers must apply directly to regional MCOs (e.g., Superior, Molina) for network inclusion and contract execution.
- Electronic Visit Verification (EVV): Providers must set up EVV systems (e.g., via HHAeXchange) if required by Texas Medicaid for specific personal care components.
- Revalidation: Medicaid enrollment through TMHP must be revalidated every three to five years depending on the provider's assigned risk category.
6. Staffing, Training and Background Checks
Texas does not mandate strict numerical staff-to-resident ratios for ALFs, instead requiring facilities to maintain sufficient staff to meet the specific needs of all residents at all times. Recent regulatory updates have modernized the required background check systems.
Training requirements vary based on the facility's license type and whether they provide specialized care, such as dementia support.
- Staffing Levels: At least one attendant must be present in the facility whenever residents are present; night staff must be awake and immediately available in all Type B and large Type A facilities.
- Employability Searches: Effective August 3, 2026, providers must use the Nurse Aide Registry (NAR) and Search Engine for Multi Agency Reportable Conduct (SEMARC) for initial and annual employee checks.
- Dementia Training: Noncertified facilities providing personal care to residents with Alzheimer's disease must provide role-specific dementia training for managers and staff.
- Background Checks: Owners and staff must pass criminal history checks; specific offenses that preclude employment are defined in Texas statute.
- Manager Qualifications: Facility managers must meet specific educational and experience requirements and complete HHSC-approved manager training.
7. Documentation, Policies and Records
ALFs must maintain comprehensive operational records, resident files, and emergency plans subject to HHSC review at any time. Recent legislation has significantly expanded emergency preparedness requirements.
Facilities must also provide clear, written disclosures to residents regarding their rights, facility rules, and the scope of services provided.
- Emergency Preparedness Plan: Per House Bill 3595, facilities must adopt a contingency operations plan (enforced September 1, 2026), including climate-controlled refuge provisions during power outages.
- STEAR Registration: Facilities must register with the Texas Information and Referral Network at 2-1-1 using HHSC Form 1085 and reregister annually.
- Fire Drill Reports: Facilities must conduct at least one fire drill each month (ensuring every shift participates at least once per quarter) and document them using the current HHSC Fire Drill Report.
- Disclosure Statement: Facilities must provide a written disclosure of services, charges, refunds, and the Resident Bill of Rights prior to admission.
- Personnel Records: Facilities must keep current personnel records documenting training, SEMARC/NAR checks, and criminal history results.
8. Billing, Rates and Claims
Medicaid reimbursement for ALF services in Texas is managed through the STAR+PLUS waiver program. Claims are submitted to the resident's specific MCO rather than directly to the state.
It is critical to note that Medicaid waiver funds cover the cost of care and services, but federal rules prohibit Medicaid from paying for room and board in these settings.
- Room and Board: Medicaid does not cover room and board; residents must pay this portion directly to the facility from their own income (e.g., SSI).
- MCO Claims Submission: Claims for waiver services are submitted to the contracted STAR+PLUS MCO using the MCO's designated clearinghouse or provider portal.
- Rate Tiers: Reimbursement rates are typically tiered based on the resident's assessed level of care and the specific living arrangement model (e.g., assisted living apartment vs. non-apartment).
- EVV Compliance: Claims for personal care components may be denied by the MCO if they are not matched with compliant Electronic Visit Verification data.
9. Approval Sequence and Timeline
Becoming a Medicaid-enrolled ALF in Texas is a multi-stage process that begins with local physical plant approvals and ends with managed care contracting. The entire sequence can take several months to over a year depending on construction and inspection schedules.
Providers cannot bill Medicaid until the final MCO contract is executed, even if the facility is fully licensed and operational.
- Step 1: Complete the HHSC prelicensure training and secure local fire marshal and building code approvals.
- Step 2: Submit the initial license application, required documents, and fees through the TULIP system.
- Step 3: Pass the HHSC life safety code inspection and the subsequent health inspection to receive the 3-year ALF license.
- Step 4: Enroll as a Medicaid provider through the TMHP PEMS portal to receive a Texas Provider Identifier.
- Step 5: Apply for credentialing and execute network contracts with regional STAR+PLUS MCOs.
10. Common Denials and Survey Findings
HHSC conducts unannounced surveys and investigates complaints. Facilities are frequently cited for physical plant deficiencies and administrative gaps in personnel records.
Failure to maintain compliance can result in administrative penalties, license revocation, or termination of Medicaid MCO contracts.
- Life Safety Violations: Failure to maintain required fire drill logs, improper locking devices, or failure to meet physical plant standards for the specific license type.
- Background Check Gaps: Missing initial or annual SEMARC or Nurse Aide Registry checks in employee personnel files.
- Inadequate Emergency Plans: Failure to implement the HB 3595 emergency preparedness requirements or failure to register annually with 2-1-1 using Form 1085.
- Medication Administration Errors: Improper documentation of medication assistance or unauthorized delegation of medication administration to unlicensed staff.
- Staffing Deficiencies: Failure to have awake night staff in Type B facilities or failure to maintain at least one attendant on-site when residents are present.
11. Key Contacts and Resources
Providers must utilize official state portals for licensing and enrollment, and refer to the Texas Administrative Code for current regulatory standards.
Staying subscribed to HHSC provider communications is required by contract and essential for tracking regulatory updates.
- Texas Health and Human Services Commission (HHSC): Official state agency for ALF regulation and policy (https://www.hhs.texas.gov).
- TULIP Online Licensure Application System: Portal for all ALF licensing applications and renewals (https://www.hhs.texas.gov/business/licensing-credentialing-regulation/tulip-online-licensure-application-system).
- Texas Medicaid & Healthcare Partnership (TMHP): Portal for Medicaid provider enrollment and PEMS access (https://www.tmhp.com).
- Texas Administrative Code, Title 26, Chapter 553: The official state rulebook for Assisted Living Facilities (https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=553&interface=VIEW_TAC&part=1&title=26).
- STAR+PLUS Program Information: Details on the Medicaid managed care program funding ALF services (https://www.hhs.texas.gov/services/health/medicaid-chip/programs-services/starplus).
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