(a) A person or governmental unit, acting jointly or
severally, must be licensed by DADS to establish, conduct, or maintain
a facility.
(b) An applicant for a license must submit a complete
application form and license fee to DADS.
(c) No person may apply for a probationary license,
a license, change of ownership, increase in capacity, or renewal of
a nursing facility license without making a disclosure of information
as required in this section.
(d) An applicant for a license must affirmatively show
that:
(1) the applicant or license holder has the ability
to comply with:
(A) minimum standards of medical care, nursing care
and financial condition; and
(B) any other applicable state or federal standard;
(2) the facility meets the standards of the Life Safety
Code;
(3) the facility meets the construction standards in
Subchapter D of this chapter (relating to Facility Construction);
and
(4) the facility meets the standards for operation
based on an on-site survey.
(e) Before issuing a license, DADS considers the background
and qualifications of:
(1) the applicant or license holder;
(2) a partner, officer, director, or managing employee
of the applicant or license holder;
(3) a person who owns or who controls the owner of
the physical plant of a facility in which the nursing facility operates
or is to operate; and
(4) a controlling person with respect to the nursing
facility for which a license or license renewal is requested.
(f) An applicant or license holder must submit to DADS
a sworn affidavit of a satisfactory compliance history and any other
information required by DADS to substantiate a satisfactory compliance
history in each state or other jurisdiction for any time period during
which persons described in subsection (e) of this section operated
a long-term care facility. For purposes of the sworn affidavit of
a satisfactory compliance history, the applicant will be considered
to have complied with the submission requirement (but not necessarily
be entitled to a license) if the applicant swears or affirms that
all the information disclosed in the application concerning previous
state and federal nursing facility sanctions and penalties and related
information are true and correct. The affidavit of compliance history
is contained in DADS application form.
(g) A license is issued if, after inspection and investigation,
DADS finds that the persons described in subsection (e) of this section
meet all requirements of this chapter. Except as provided in §19.205
of this subchapter (relating to Probationary License) and §19.208(b)(2)
of this subchapter (relating to Renewal Procedures and Qualifications),
the license is valid for three years. Each license specifies the
maximum allowable number of residents. The number of residents authorized
by the license must not be exceeded.
(h) In making a determination whether to grant a nursing
facility license, DADS reviews:
(1) the information contained in the application;
(2) the criminal history information of the persons
described in subsection (e) of this section; and
(3) other documents DADS deems relevant, including
survey and complaint investigation findings in each facility with
which the applicant or any other person named in subsection (e) of
this section has been affiliated at any time.
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Source Note: The provisions of this §554.201 adopted to be effective May 1, 1995, 20 TexReg 2054; amended to be effective March 1, 1998, 23 TexReg 1314; amended to be effective October 15, 1998, 23 TexReg 10496; amended to be effective March 15, 1999, 24 TexReg 994; amended to be effective October 1, 1999, 24 TexReg 8314; amended to be effective August 1, 2000, 25 TexReg 6779; amended to be effective May 1, 2002, 27 TexReg 3369; amended to be effective September 1, 2007, 32 TexReg 4231; amended to be effective September 1, 2009, 34 TexReg 5138; amended to be effective December 2,2012, 37 TexReg 9525; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |