(a)Basic fees.
(1)Type A and Type B. The license fee is $300, plus
$15 for each bed for which a license is sought, with a maximum of
$2,250 for a three-year license. The license fee for a two-year license
issued in accordance with §92.15(b)(1) or (c)(1) of this chapter
is $200, plus $10 for each bed for which a license is sought, with
a maximum of $1,500. The fee must be paid with an initial application,
change of ownership application, or renewal application.
(2)Type C. The license fee is $150 for a three-year
license. The license fee for a two-year license issued in accordance
with §92.15(b)(1) of this chapter is $100. The fee must be paid
with a renewal application.
(3)Increase in capacity. An approved increase in capacity
is subject to an additional fee of $15 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.
(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 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 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 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 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 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
(f)Payment of fees. A facility or applicant must pay
fees by check, cashier's check, money order, or credit card, made
payable to HHSC. 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 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
(h)If, after HHSC conducts two Life Safety Code inspections
for a given application, 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 adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on October 9, 2018
TRD-201804398 Karen Ray
Chief Counsel
Department of Aging and Disability Services
Effective date: October 29, 2018
Proposal publication date: June 22, 2018
For further information, please call: (512) 438-4681
|