(a) All fees paid to the Texas Health and Human Services
Commission (HHSC) are nonrefundable with the exception of inspection
fees for inspections that were not conducted.
(b) All fees shall be paid by check or money order
made payable to HHSC.
(c) The license application fee for an initial license
or a renewal license is $350.00.
(d) A limited services rural hospital (LSRH) shall
submit a license fee regardless of the number of months remaining
in the license period.
(e) An LSRH will not receive a refund of previously
submitted fees should the LSRH's design capacity decrease as a result
of an approved construction project.
(f) This subsection outlines the fees that must accompany
the application for plan review and all proposed plans and specifications
covering the alterations to existing buildings which the LSRH must
submit for review and approval by HHSC in accordance with §511.167
of this chapter (relating to Preparation, Submittal, Review, and Approval
of Plans, and Retention of Records).
(1) HHSC will not review or approve construction plans
until HHSC receives the required fee and an application for plan review.
(2) HHSC bases plan review fees on the estimated construction
project costs that are the total expenditures required for a proposed
project from initiation to completion, including at least the following
items.
(A) Construction project costs shall include expenditures
for physical assets, such as:
(i) site acquisition;
(ii) soil tests and site preparation;
(iii) construction and improvements required as a result
of the project;
(iv) building, structure, or office space acquisition;
(v) renovation;
(vi) fixed equipment; and
(vii) energy provisions and alternatives.
(B) Construction project costs shall include expenditures
for professional services, including:
(i) planning consultants;
(ii) architectural fees;
(iii) fees for cost estimation;
(iv) legal fees;
(v) management fees; and
(vi) feasibility study.
(C) Construction project costs shall include expenditures
or costs associated with financing, excluding long-term interest,
but including:
(i) financial advisor;
(ii) fund-raising expenses;
(iii) lender's or investment banker's fee; and
(iv) interest on interim financing.
(D) Construction project costs shall include expenditure
allowances for contingencies, including:
(i) inflation;
(ii) inaccurate estimates;
(iii) unforeseen fluctuations in the money market;
and
(iv) other unforeseen expenditures.
(3) Regarding purchases, donations, gifts, transfers,
and other comparable arrangements whereby the acquisition is to be
made for no consideration or at less than the fair market value, HHSC
shall determine project cost by the fair market value of the item
to be acquired as a result of the purchase, donation, gift, transfer,
or other comparable arrangement.
(A) The plan review fee schedule based on cost of construction
is:
(i) $100,000 or less--$300;
(ii) $100,001 to $600,000--$850;
(iii) $600,001 to $2,000,000--$2,000;
(iv) $2,000,001 to $5,000,000--$3,000;
(v) $5,000,001 to $10,000,000--$4,000; and
(vi) $10,000,001 and over--$5,000.
(B) If an estimated construction cost cannot be established,
the estimated cost shall be based on $225 per square foot. No construction
project shall be increased in size, scope, or cost unless the LSRH
submits appropriate fees with the proposed changes.
(g) An LSRH shall submit a fee of $500 and a construction
inspection application for each inspection to HHSC at least three
weeks before the anticipated inspection date. HHSC will not conduct
construction inspections until HHSC receives all required fees. If
the LSRH requests additional construction inspections of the proposed
project, the LSRH shall submit appropriate additional fees before
HHSC conducts any inspections. When HHSC performs follow-up construction
inspections to verify plans of correction, the LSRH shall submit the
fee when HHSC completes the inspection.
(h) HHSC collects subscription and convenience fees,
in amounts determined by the TexasOnline Authority, to recover costs
associated with application and renewal application processing through
TexasOnline, in accordance with Texas Government Code §2054.111
(relating to Use of State Electronic Internet Portal Project) and §2054.252
(State Electronic Internet Portal Project).
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