(a) A license holder must not increase a facility's
licensed capacity without approval from HHSC.
(b) The license holder must submit an application for
an increase in capacity in accordance with §553.19 of this subchapter
(relating to General Application Requirements) and the fee required
in §553.47 of this subchapter (relating to License Fees).
(c) The license holder must arrange for an inspection
of the facility by the local fire marshal and provide the signed fire
marshal approval to HHSC.
(d) After HHSC's review of an application and after
the applicant notifies HHSC via the online portal that the facility
is ready for a Life Safety Code (LSC) inspection, HHSC staff conduct
an on-site LSC inspection of the facility to determine if the facility
meets the LSC licensure requirements in Subchapter D of this chapter
(relating to Facility Construction).
(e) If the facility fails to meet the LSC licensure
requirements within 120 days after the LSC inspection, HHSC denies
the application for an increase in capacity.
(f) After a facility has met LSC licensure requirements,
HHSC staff conduct an on-site health inspection, if one was not conducted
within the last licensure period, to determine if the facility meets
the licensure requirements for standards of operation and resident
care in Subchapter E of this chapter (relating to Standards for Licensure).
(g) HHSC issues a new license with an increased capacity
within 30 days after HHSC determines that all licensure requirements
have been met. HHSC may grant approval to occupy the increased capacity
once HHSC determines that all licensure requirements have been met.
(h) In order to meet the residents' health and safety
needs in the event of a fire, natural disaster, or catastrophic event,
HHSC may grant approval to temporarily exceed a facility's licensed
capacity provided the health and safety of residents are not compromised
and the facility can meet the required health care service needs of
all residents. A facility may exceed its licensed capacity under this
circumstance, monitored by HHSC, until residents can be transferred
to a permanent location. HHSC issues authorization for the temporary
increase in the facility's licensed capacity. The authorization to
temporarily increase the capacity ends when the facility receives
written notice from HHSC ending the authorization.
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