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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 97LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
SUBCHAPTER CMINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
DIVISION 2CONDITIONS OF A LICENSE
RULE §97.213Agency Relocation
Historical Texas Register

(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

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