The Long-Term Care Regulation Provider Letter PL 2022-28 addresses new rules implementing House Bill 1681, which will be effective from December 6, 2022. These rules prohibit the construction of new Assisted Living Facilities (ALFs) in a 100-year floodplain in counties with more than 3.3 million residents, currently only applicable to Harris County. Existing facilities and those under construction before December 6, 2022, are exempt from these requirements. ALFs applying for an initial license on or after December 6, 2022, must comply with the 100-year floodplain rule. Facilities must provide proof of compliance using FEMA or USDA soil maps. Questions can be directed to the Policy and Rules Unit at LTCRPolicy@hhs.texas.gov or (512) 438-3161.

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