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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 98DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER BAPPLICATION PROCEDURES
RULE §98.15Renewal Procedures and Qualifications

(a) A license issued under this chapter:

  (1) expires three years after the date issued, except as noted in subsections (b)(1) and (c)(1) of this section;

  (2) must be renewed before the license expiration date; and

  (3) is not automatically renewed.

(b) If HHSC renews a license that expires after December 31, 2018, and before January 1, 2020, HHSC:

  (1) issues a license that is valid for two years, if the license is for a facility with a facility identification number that ends in 0-3 or 7-9; and

  (2) issues a license that is valid for three years, if the license is for a facility with a facility identification number that ends in 4-6.

(c) If HHSC renews a license that expires after December 31, 2019, and before January 1, 2021, HHSC:

  (1) issues a license that is valid for two years, if the license is for a facility with a facility identification number that ends in 4-6; and

  (2) issues a license that is valid for three years, if the license is for a facility with a facility identification number that ends in 0-3 or 7-9.

(d) The submission of a license fee alone does not constitute an application for renewal.

(e) To renew a license, a license holder must submit an application for renewal with HHSC no later than the 45th day before the expiration date of the current license. HHSC considers that an application for renewal has met the submission deadline, if the license holder:

  (1) submits a complete application to HHSC, and HHSC receives that complete application no later than the 45th day before the expiration date of the current license;

  (2) submits an incomplete application to HHSC with a letter explaining the circumstances that prevented the inclusion of the missing information, and HHSC receives the incomplete application and letter no later than the 45th day before the expiration date of the current license; or

  (3) submits a complete application or an incomplete application with a letter explaining the circumstances that prevented the inclusion of the missing information to HHSC, HHSC receives the application during the 45-day period ending on the date the current license expires, and the license holder pays a late fee in accordance with §98.21(b) of this subchapter (relating to License Fees) in addition to the license renewal fee.

(f) If the application is postmarked by the submission deadline, the application will be considered to be timely filed if received in HHSC Long-Term Care Regulatory Licensing and Credentialing Section within 15 days after the postmark, or within 30 days after the date of the postmark and the license holder proves to the satisfaction of HHSC that the delay was due to the carrier. It is the license holder's responsibility to ensure that the application is timely received by HHSC.

(g) For purposes of Texas Government Code, §2001.054, HHSC considers that an individual has submitted a timely and sufficient application for the renewal of a license if the license holder's application has met the submission deadlines in subsections (e) and (f) of this section. Failure to submit a timely and sufficient application will result in the expiration of the license on the expiration date listed on the license.

(h) An application for renewal submitted after the expiration date of the license is considered to be an application for an initial license and must comply with the requirements for an initial license in §98.11 of this subchapter (relating to Criteria for Licensing) and §98.13 of this subchapter (relating to Application Disclosure Requirements).

(i) The application for renewal must contain the same information required for an original application and the license fee as described in §98.21 of this subchapter.

(j) (The renewal of a license may be denied for the same reasons an original application for a license may be denied (see §98.19 of this subchapter (relating to Criteria for Denying a License or Renewal of a License)).

(k) The facility must have an annual inspection by the local fire marshal and must submit a copy of the most current inspection as part of the renewal procedures.


Source Note: The provisions of this §98.15 adopted to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective November 1, 2000, 25 TexReg 10753; amended to be effective April 1, 2007, 32 TexReg 1749; amended to be effective September 1, 2008, 33 TexReg 1151; amended to be effective January 15, 2009, 34 TexReg 261; amended to be effective October 29, 2018, 43 TexReg 7219

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