|(a) An agency must not transfer a license from one
location to another without prior notice to DADS. If an agency is
considering relocation, the agency must submit written notice to DADS
to report a change in physical location at least 30 days before the
intended relocation unless DADS grants the agency an exemption from
the 30-day time frame as specified in subsection (b) of this section.
A change in physical location for a hospice inpatient unit requires
DADS to conduct a survey to approve the new location.
(b) An agency must notify DADS immediately if an unexpected
situation beyond the agency's control makes it impossible for the
agency to submit written notice to DADS no later than 30 days before
the agency relocates. DADS grants or denies the exemption.
(1) If DADS grants the exemption, the agency must submit
written notice to DADS as described in subsection (c) of this section
within 30 days after the date DADS grants the exemption.
(2) If DADS denies the exemption, the agency may not
relocate until at least 30 days after the agency submits the written
notice to DADS as described in subsection (c) of this section.
(c) An agency must use the Home and Community Support
Services Agency License Application, (DADS Form 2021), to submit the
written notice and follow the instructions on the DADS website for
reporting a change in physical location.
(d) If an agency reports a change in physical location,
the agency must pay a fee and may be subject to a late fee, as described
in §97.208 of this subchapter (relating to Reporting Changes
in Application Information and Fees).
(e) DADS sends the agency a Notification of Change
reflecting the new location. The agency must post the Notification
of Change beside its license in accordance with §97.211 of this
subchapter (relating to Display of License).
(f) A Medicare certified home health and hospice agency
must comply with applicable federal laws and regulations and the requirements
of this section for reporting an agency relocation. A change in physical
location for a Medicare-certified agency requires DADS review.
(g) An agency is exempt from the requirements in subsections
(a) - (d) of this section when reporting a temporary relocation that
results from the effects of an emergency or disaster, as specified
in §97.256(o) of this subchapter (relating to Emergency Preparedness
Planning and Implementation).
|Source Note: The provisions of this §97.213 adopted to be effective February 1, 2002, 26 TexReg 9159; amended to be effective June 1, 2006, 31 TexReg 1455; amended to be effective July 1, 2012, 37 TexReg 4613