# 26 Tex. Admin. Code § 553.265: 26 TAC § 553.265. Resident Records and Retention > Texas · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_265 ## Section - **Citation:** 26 Tex. Admin. Code § 553.265 - **Heading:** 26 TAC § 553.265. Resident Records and Retention - **Jurisdiction:** Texas - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Texas Administrative Code / Title 26 HEALTH AND HUMAN SERVICES / Part 1 HEALTH AND HUMAN SERVICES COMMISSION / Chapter 553 LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES / 26 TAC § 553.265 ## Text (a) Resident records. (1) Records that pertain to residents must be treated as confidential and properly safeguarded from unauthorized use, loss, or destruction. (2) Resident records must contain: (A) information contained in the facility's standard and customary admission form; (B) a record of the resident's assessments; (C) the resident's service plan; (D) physician's orders, if any; (E) any advance directives; (F) documentation of a health examination by a physician performed within 30 days before admission or 14 days after admission, unless: (i) a transferring hospital or facility has a physical examination in the medical record; or (ii) the resident is a Christian Scientist; (G) documentation by health care professionals of any services delivered in accordance with the licensing, certification, or other regulatory standards applicable to the health care professional under law; and (H) a copy of the most recent court order appointing a guardian of a resident or a resident's estate and letters of guardianship that the facility received in response to the request made in accordance with subsection (c) of this section. (3) Records must be available to residents, their legal representatives, and HHSC staff. (b) Resident finances. The facility must keep a simple financial record on all charges billed to the resident for care and these records must be available to HHSC. If the resident entrusts the handling of any personal finances to the facility, a simple financial record must be maintained to document accountability for receipts and expenditures, and these records must be available to HHSC. Receipts for payments from residents or family members must be issued upon request. (c) Guardianship Record Requirements. (1) A facility must request, from a resident's legally authorized representative or the person responsible for the resident's support, a copy of: (A) the current court order appointing a guardian for the resident or the resident's estate; and (B) current letters of guardianship for the resident. (2) A facility must request the court order and letters of guardianship: (A) when the facility admits an individual; and (B) when the facility becomes aware a guardian is appointed after the facility admits a resident. (3) A facility must request an updated copy of the court order and letters of guardianship at each annual assessment and retain documentation of any change. (4) A facility must make at least one follow-up request within 30 days after the facility makes a request in accordance with paragraphs (2) or (3) of this subsection if the facility has not received: (A) a copy of the court order and letters of guardianship; or (B) a response that there is no court order or letters of guardianship. (5) A facility must keep in the resident's record: (A) documentation of the results of the request for the court order and letters of guardianship; and (B) a copy of the court order and letters of guardianship. ## Nearby sections - [26 Tex. Admin. Code § 553.253 26 TAC § 553.253. Employee Qualifications and Training](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_253.md) - [26 Tex. Admin. Code § 553.254 26 TAC § 553.254. Training Requirements for Staff Providing Personal Care Services to a Resident With Alzheimer's Disease or a Related Disorder in a Facility that is Not an Alzheimer's Certified Facility](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_254.md) - [26 Tex. Admin. Code § 553.255 26 TAC § 553.255. All Staff Policy for Residents with Alzheimer's Disease or a Related Disorder](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_255.md) - [26 Tex. Admin. Code § 553.257 26 TAC § 553.257. Human Resources](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_257.md) - [26 Tex. Admin. Code § 553.259 26 TAC § 553.259. Admission Policies and Procedures](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_259.md) - [26 Tex. Admin. Code § 553.261 26 TAC § 553.261. Coordination of Care](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_261.md) - [26 Tex. Admin. Code § 553.263 26 TAC § 553.263. Health maintenance activities](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_263.md) - [26 Tex. Admin. Code § 553.265 26 TAC § 553.265. Resident Records and Retention](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_265.md) - [26 Tex. Admin. Code § 553.267 26 TAC § 553.267. Rights](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_267.md) - [26 Tex. Admin. Code § 553.269 26 TAC § 553.269. Access to Residents and Records by the State Long-Term Care Ombudsman Program](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_269.md) - [26 Tex. Admin. Code § 553.271 26 TAC § 553.271. Postings](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_271.md) - [26 Tex. Admin. Code § 553.272 26 TAC § 553.272. Advertisements, Solicitations, and Promotional Material](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_272.md) - [26 Tex. Admin. Code § 553.273 26 TAC § 553.273. Abuse, Neglect, or Exploitation Reportable to HHSC by Facilities](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_273.md) - [26 Tex. Admin. Code § 553.275 26 TAC § 553.275. Emergency Preparedness and Response](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_275.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C553_S553_265. Check the current official text before relying on it. Not legal advice.