Texas Register

TITLE 40 SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 92LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER AINTRODUCTION
RULE §92.4License Fees
ISSUE 02/26/2010
ACTION Proposed
Preamble No Rule Available

(a)Basic fees.

  (1)Type A, Type B, and Type E. The license fee is $200, plus $10 for each bed for which a license is sought, with a maximum of $1,500. The license fee for a one-year license issued in accordance with §92.15(b)(1) of this chapter [subchapter ] (relating to Renewal Procedures and Qualifications) is $100, plus $5 for each bed for which a license is sought, with a maximum of $750. The fee must be paid with each initial application and with each renewal application.

  (2)Type C. The license fee is $100. The license fee for a one-year license issued in accordance with §92.15(b)(1) of this chapter [subchapter] is $50. The fee must be paid with each initial application and with each renewal application.

   [(3)Provisional license. The license fee is $75, plus $5 for each bed for which a license is sought, with a maximum of $750.]

  (3)[(4)] Increase in capacity. An approved increase in capacity is subject to an additional fee of $10 for each bed.

(b) - (f)(No change.)

(g)Expedited Life Safety Code and physical plant inspection fee. An applicant may obtain a Life Safety Code and physical plant inspection on an expedited basis by sending a written request to DADS if:

  (1)the applicant:

    (A)meets the criteria in §92.14 of this chapter (relating to Initial License Application Procedures and Requirements); or

    (B)has a current license, and is completing construction that does not alter the capacity of the facility; and

  (2)the applicant submits the appropriate Life Safety Code fee listed in the following schedule:

Attached Graphic

(h)If, after DADS conducts two Life Safety Code inspections for a given application, and the applicant requests a third inspection, then the applicant must pay a fee of $25 per bed, with a minimum payment of $1,000 for the third and each subsequent inspection pertaining to the same application.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 12, 2010

TRD-201000689

Kenneth L. Owens

General Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: March 28, 2010

For further information, please call: (512) 438-3734



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