How to Become a Day Activity and Health Services (DAHS) Provider

The Texas Health and Human Services Commission licenses and surveys facilities to ensure compliance with state and federal laws and regulations to protect Texans who are receiving long-term care services.

Providers interested in contracting with HHSC can refer to the Contracting to Provide Services section below.

Providers interested in delivering individualized skills and socialization services can refer to the Individualized Skills and Socialization Provider Portal.

What is a DAHS Facility?

A DAHS facility provides services under a day activity and health services program on a daily and regular basis, but not overnight, to four or more elderly people or people with disabilities who are not related by blood, marriage or adoption to the owner of the facility. DAHS facilities were previously called adult day care centers.

Becoming Licensed in Texas

DAHS facilities must be licensed to operate in Texas. To become licensed, a provider must submit an online application through the TULIP website.

A facility must:

  • Properly complete a license application through TULIP.
  • Pass a background check for all individuals and corporations responsible.
  • Pay the required licensure fee.
  • Pass a Life Safety Code inspection and a health survey.

For a facility to retain its license, the results of any inspection, survey, follow-up visit or complaint or incident investigation must show the facility to be in substantial compliance with the current state licensure laws and rules.

Process Maps

The following process maps provide an overview of the licensure process.

Types of License Applications

Initial

An initial application is for a facility that has never been issued an HHSC licensure number to operate in the state of Texas. You must complete the TULIP online application for a license and have it submitted 45 days before the building is expected to conform to the Life Safety Code and architectural requirements. After HHSC has found the building meets requirements, at least one but not more than three people may be admitted. An unannounced inspection will be conducted to determine if the facility meets all license requirements.

Change of Ownership

A change of ownership happens when the provider changes the tax identification number. Applications must be submitted 30 days before the anticipated change of ownership.

Renewal

Renewal applications are generated 120 days before the license expires and are accessible through the provider's TULIP account. Renewal applications must be submitted 45 days before the license expiration date. If the applicant submits a renewal application during the 45-day period ending on the date the current license expires, the applicant must pay an additional late fee in the amount equal to half of the total basic renewal fee.

If you cannot access a renewal application or have a question about renewing your license, call Regulatory Services Licensing and Credentialing at 512-438-2630.

Relocation of a Facility

A facility must file an application when it relocates to an existing building.

Closure

A facility must file an application to voluntarily withdraw and cease operations.

Capacity Increase

Requests to increase the capacity at the facility must complete a Life Safety Code survey.

Change of Information

If certain information provided on the initial or renewal application changes after HHSC issues the license, the provider must report the change to the HHSC Licensing Unit through the online TULIP application within 30 days.

  • Management company agreement (if applicable).
  • Change of real estate owner, lien holder or other encumbrance changes.
  • Changes of ownership interests or stock transfer.
  • Change in director or manager.
  • Change in phone or fax number.

Required Documents and Fees for a License

Required Application Documents

Required Entity Documents

Corporation

  • Proof of IRS tax identification number
  • Company agreement or bylaws

Company Agreement Limited Partnership Agreement

  • Proof of IRS tax identification number
  • Limited partnership agreement

General Partnership

  • Proof of IRS tax identification number
  • General partnership agreement

Sole Proprietor

  • Assumed Name Certificate (issued by the county)
  • Proof of IRS tax identification number

Limited Liability Company

  • Proof of IRS tax identification number
  • Regulations of organization

City, County, State or Federal Government Authority or Hospital District/Authority

  • Documents authorizing formation of and establishing the existence of governmental authority or hospital district or authority (obtained from a city council, county commissioners court or state or federal legislative branch).
  • Bylaws or regulations of governmental authority or hospital district/authority.
  • Proof of IRS tax identification number.

Trust, Living Trust, Estate

  • Will or letters, and testamentary or trust agreement
  • Proof of IRS tax identification number

Fee Schedule

The fee is $75 for a three-year license. The fee for a two-year license issued in relation to Renewal Procedures and Qualifications is $50. Fees must be paid with each initial application, change of ownership application, and with each application for renewal of the license. An application submitted during the 45-day period ending on the date the current license expires incurs a $25 late fee.

Time Frames for License Applications

Initial

Completed applications for a license must be submitted 60 days before the requested date of issuance.

Change of Ownership

Completed applications for a change of ownership must be submitted 30 days before the anticipated date of the sale or transfer.

Renewal

Completed renewal applications must be submitted 45 days before the current license expires. An applicant for a license renewal who submits an application during the 45-day period ending on the date the current license expires must pay a $25 late fee in addition to the license fee.

Rules and Statutes

Licensure Inspections and Investigations of Complaints and Incidents

HHS inspects DAHS facilities yearly to ensure they comply with state licensure regulations. HHS also investigates self-reported incidents from facilities and complaints from people using the facilities, family members, friends and others. Inspectors initiate an investigation of complaints and incidents at facilities within 24 hours, 14 days, 30 days or 45 days, depending on the priority assigned by the intake program specialist who receives the complaint or incident report. The priority is based on the immediacy and seriousness of the allegation.

HHS conducts on-site investigations for all complaints received. If HHS determines the facility has investigated a self-reported incident, has determined the cause and has made the necessary changes to remove the problem, HHS can elect not to conduct an on-site investigation. If inspectors find a violation during a visit, they make a follow-up visit to ensure the facility has corrected the violation and is in compliance with the regulations. HHS does not notify facilities prior to conducting inspections or investigations. To learn more on how to report a complaint, visit HHS Complaint and Incident Intake.

HHS has available inspectors from many professional disciplines, including registered nurses, social workers, nutritionists, pharmacists, architects, engineers and Life Safety Code specialists. Facilities are inspected yearly. HHS assigns one or more inspectors from specific areas of expertise to investigate complaints and incidents based on the nature of the complaint or incident and facility size.

Inspection Reports

When the inspection team completes the inspection, investigation, follow-up or other visit, it writes a report of the findings detailing the facility's failures to comply with regulations, which are called violations. The facility must make inspection reports available to all people who use the facility and visitors. Interested parties can also request the results of an inspection team visit from Complaint and Incident Intake at 800-458-9858.

Enforcement Actions

Once the inspection team completes the report, HHS staff review the findings to determine if an enforcement action is necessary. Many enforcement actions are available under state licensing laws, including actions against a facility's license and facility closure.

State regulations give facilities the right to request an informal dispute resolution of the cited violations and to appeal enforcement actions.

Contracting to Provide Services

DAHS providers must be licensed as a DAHS facility to apply for an HHS contract. Rules regarding DAHS licensure can be found in Title 26 Chapter 559 in the Texas Administrative Code.

To be eligible to provide DAHS services and receive reimbursement, a provider agency must meet certain eligibility criteria. Rules regarding minimum eligibility requirements for contracting can be found in Title 40 of the TAC as follows:

Read more about the HHS provider enrollment process and requirements.

An individual or provider agency must complete an application to provide services in the Community Services programs. To ensure all required documents are submitted with your contract application, review the application checklist for this program using:

Contract applicants and current contractors for DAHS may submit contract applications, completed forms and required information by:

Regular mail
Texas Health and Human Services Commission
Community Care Services Contracts Unit
Mail Code W-357
P.O. Box 149030
Austin, TX 78714-9030

Overnight/Express delivery
Texas Health and Human Services Commission
Community Care Services Contracts Unit
Mail Code W-357
909 West 45th Street
Austin, TX 78751

Should you have any questions regarding the contact enrollment process for this program, contact the Community Care Services Contracts Unit at 512-438-3550.

In accordance with 40 Texas Administrative Code Section 49.302(b), HHS requires a newly enrolled DAHS contractor to either successfully complete program orientation or to submit verification that the program orientation was completed in another region for the same contract type before HHS places the contract of the contractor on the regional choice list. After HHS awards the contract, Regional Enrollment and Monitoring staff will contact the contractor to schedule the program orientation.