(a)Basic fees.
(1)Type A and[,] Type B[,
and Type E]. The license fee is $300 [$200],
plus $15 [$10] for each bed for which a license
is sought, with a maximum of $2,250 for a three-year license [
$1,500]. The license fee for a two-year [one-year]
license issued in accordance with §92.15(b)(1) or (c)(1) of
this chapter [(relating to Renewal Procedures and Qualifications)]
is $200 [$100], plus $10 [$5]
for each bed for which a license is sought, with a maximum of $1,500
[$750]. The fee must be paid with an [each
] initial application, change of ownership application,
or [and with each] renewal application.
(2)Type C. The license fee is $150 [$100]
for a three-year license. The license fee for a two-year [
one-year] license issued in accordance with §92.15(b)(1)
of this chapter is $100 [$50]. The fee must
be paid with a [with each initial application and
with each] renewal application.
(3)Increase in capacity. An approved increase in capacity
is subject to an additional fee of $15 [$10]
for each bed.
(b)Late renewal fee. An applicant that submits an
application for license renewal later than the 45th day before the
expiration date of the license must pay a late fee of an amount equal
to one-half of the basic fee required in accordance with subsection
(a)(1) and (2) of this section.
(c)Alzheimer's certification. In addition to the basic
license fee described in subsection (a) of this section, a facility
that applies for certification as an Alzheimer's facility under Subchapter
C of this chapter (relating to Standards for Licensure) must pay an
additional license fee. For a three-year license issued in accordance
with subsection (a)(1) of this section or §92.15(a)(1) of this
chapter, the additional fee is $300. For a two-year license issued
in accordance with §92.15(b)(1) or (c)(1), the additional fee
is $200. [The additional fee is $200, except the additional
fee for a facility renewing its Alzheimer's certification in accordance
with §92.51(f)(1) of this chapter (relating to Licensure of Facilities
for Persons with Alzheimer's Disease) is $100 for the first renewal
beginning September 1, 2008.]
(d)Trust fund fee.
(1)If the amount in the assisted living facility trust
fund, established under Texas Health and Safety Code, Chapter 242,
Subchapter D, and Chapter 247, §247.003(b), is less than $500,000,
HHSC [DADS] collects an annual fee from each facility.
The fee is based on a monetary amount specified for each licensed
unit of capacity or bed space, and is in an amount sufficient to provide
not more than $500,000 in the trust fund. When the trust fund fee
is collected, HHSC [DADS] sends written notice
to each facility stating the amount of the fee and the date the fee
is due. A facility must pay the amount of the fee within 90 days after
the date the fee is due.
(2)HHSC [DADS] may charge and
collect a trust fund fee more than once a year if necessary to ensure
that the amount in the assisted living facility trust fund is sufficient
to make the disbursements required under Texas Health and Safety Code, §242.0965.
When this subsequent trust fund fee is collected, HHSC [DADS
] sends written notice to each facility stating the amount of
the fee and the date the fee is due. A facility must pay the amount
of the fee within 90 days after the date the fee is due.
(3)Failure to pay the trust fund fee within 90 days
after the date the fee is due as stated on the written notice described
in paragraphs (1) and (2) of this subsection may result in an assessment
of an administrative penalty under the administrative penalties described
in Subchapter H, Division 9 of this chapter (relating to Administrative
Penalties).
(e)Plan review fee. An applicant may submit building
plans for a new building, an addition, the conversion of a building
not licensed, or for the remodeling of an existing licensed facility
for review by HHSC [DADS] architectural staff.
If the applicant chooses to submit building plans for review, the
applicant must pay a fee for the plan review according to the following
schedule:
Attached Graphic
[Figure: 40 TAC §92.4(e)]
(f)Payment of fees. A facility or applicant must
pay fees [Payment of fees must be] by check, cashier's
check, [or] money order, or credit card, made
payable to HHSC [the Department of Aging and Disability
Services]. All fees are nonrefundable, except as provided in
Texas Government Code, Chapter 2005, and in §92.13(d) of this
chapter (relating to Time Periods for Processing All Types of License
Applications).
(g)Expedited Life Safety Code and physical plant inspection
fee. An applicant may obtain a Life Safety Code and physical plant
inspection within 15 business days after HHSC [DADS]
receives a written request for an expedited inspection 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
[Figure: 40 TAC §92.4(g)(2)]
(h)If, after HHSC [DADS] conducts
two Life Safety Code inspections for a given application, [and]
the applicant requests an additional 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.
The agency certifies
that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on June 6, 2018
TRD-201802494 Karen Ray
Chief Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: July 22, 2018
For further information, please call: (512) 438-4681
|
