Texas nursing home responsiveness requirements
Federal law sets the floor for every nursing home in the country. Texas layers its own licensure rules on top. Below is how the two line up on the duties that depend on somebody answering a phone — each one checked against the official source.
Who regulates nursing homes in Texas
- Licensure chapter
- 26 Tex. Admin. Code ch. 554 (Tex. Health & Human Servs. Comm'n) — Nursing Facility Requirements for Licensure and Medicaid Certification
- Survey agency
- Texas Health and Human Services Commission (HHSC)Complaints: 800-458-9858Long-Term Care Regulation (LTCR); complaints intake via HHSC Complaint and Incident Intake (CII)
- Long-term care ombudsman
- 800-252-2412
Federal duties and the Texas equivalent
Abuse and neglect reporting
Who must be told when something happens, and how fast.
A nursing facility must report any alleged abuse, neglect, exploitation, mistreatment, injury of unknown source, or misappropriation of resident property to the facility administrator and to HHSC Complaint and Incident Intake within 2 hours if it involves abuse or results in serious bodily injury, within 24 hours otherwise, and must send the written investigation results to HHSC within 5 working days; law enforcement must also be notified for imminent-danger, death, hospitalization, sexual-offense, or bodily-injury allegations.
immediately to the administrator of the facility and to HHSC Complaint and Incident Intake, but no later than two hours after the allegation is made, if the events that cause the allegation involve abuse, or result in serious bodily injury; or ... no later than 24 hours after the allegation is made ... if the events that cause the allegation do not involve abuse and do not result in serious bodily injuryRead the Texas rule →
Physician availability
Whether a physician has to be reachable around the clock, and who covers when the attending is not available.
We have not mapped a distinct Texas provision to this federal requirement. The federal rule still applies in Texas.
Licensed nurse coverage
Nurse staffing rules, and any duty to respond to telephone calls from the facility.
A nursing facility must staff licensed nurses and other nursing personnel on a 24-hour basis, designate a licensed nurse as charge nurse on each shift, and use the services of a registered nurse at least eight consecutive hours a day, seven days a week, absent a waiver.
The facility must use the services of a registered nurse for at least eight consecutive hours a day, seven days a week, except when waived under paragraph (5) or (6) of this subsection.Read the Texas rule →
Texas imposes a hard minimum licensed-nurse ratio (one licensed nurse per 20 residents per 24-hour period, or 0.4 licensed-care hours per resident day) and — the telephone-response duty — requires that when temporary licensed personnel staff the afternoon or night shift, a full-time licensed nurse (an RN unless the facility holds a daily-RN waiver) be on call and immediately available by telephone.
If temporary personnel are used for afternoon or night shifts, a full-time, licensed nurse must be on call and immediately available by telephone. The on-call nurse must be a registered nurse unless the facility has a current waiver from DHS and is not required to provide daily RN coverage.Read the Texas rule →
Resident telephone access
The resident's right to reach the outside world by phone, privately.
A nursing facility resident has the right to reasonable access to a non-pay telephone where calls can be made without being overheard and which can be used to summon help in an emergency, and the facility must permit residents to contract for private telephones at their own expense.
The resident has the right to have reasonable access to the use of a telephone, other than a pay phone, where calls can be made without being overheard, and which can also be used for making calls to summon help in case of emergency.Read the Texas rule →
Emergency communication plan
Keeping emergency contact lists current and reachable.
We have not mapped a distinct Texas provision to this federal requirement. The federal rule still applies in Texas.
Resident call system
How a resident summons staff, and where that signal lands.
A nursing facility must be equipped with a nurse call system that relays a resident's call directly to a staff member or a centralized staff work area — from each resident's bedside (from each resident's room before Nov. 28, 2019) and from toilet and bathing facilities.
Nurse call system. The facility must be adequately equipped to allow residents to call for staff assistance through a communication system which relays the call directly to a staff member or to a centralized staff work area: (A) before November 28, 2019, from each resident's room; (B) beginning November 28, 2019, from each resident's beside; and (C) from toilet and bathing facilities.Read the Texas rule →
Quality assurance
The program that is supposed to catch all of the above.
We have not mapped a distinct Texas provision to this federal requirement. The federal rule still applies in Texas.
Proving it, rather than assuming it
Every duty above depends on a phone being answered. ResponseProof places scheduled, recorded, AI-scored test calls to the lines that matter in your Texas facility and hands you a timestamped record you can put in front of a surveyor.
Citations were verified against the official source and then re-checked by an independent review. Regulations change; confirm the current text before relying on it. This page is orientation, not legal advice.