| (a) HHSC only processes applications received at least
60 days before the requested date of the license issuance.
(b) An application is complete when all requirements
for licensing have been met, including compliance with standards.
If an inspection for compliance is required, the application is not
complete until the inspection has occurred, reports have been reviewed,
and the applicant complies with the standards.
(c) The HHSC Regulatory Services Licensing and Credentialing
Section notifies facilities through the online portal within 30 days
after receipt of the application if any of the following applications
are incomplete:
(1) initial;
(2) change of ownership;
(3) renewal; and
(4) increase in capacity.
(d) Except as provided in subsection (e) of this section,
HHSC issues or denies a license within 30 days after the receipt of
a complete application or within 30 days before the expiration date
of the license. HHSC may delay an action on an application for renewal
of a license for up to six months if the facility is subject to a
proposed or pending licensure termination action on or within 30 days
before the expiration date of the license. Issuing the license constitutes
HHSC's official written notice to the facility of application acceptance
and filing.
(e) In the event an application is not processed in
the time periods established in this section, the applicant has a
right to request from the program director full reimbursement of all
filing fees paid as part of that application process. If the program
director does not agree that the established periods have been exceeded
or finds that good cause existed for exceeding the established periods,
the request is denied.
(f) Good cause for exceeding an established period
is considered to exist if:
(1) the number of applications to be processed by HHSC
exceeds by 15 percent or more the number processed in the same calendar
quarter of the preceding year;
(2) another public or private entity involved in the
application process caused the delay; or
(3) other conditions existed giving good cause for
exceeding the established periods.
(g) If the request for full reimbursement is denied,
the applicant may appeal directly to HHSC's executive commissioner
for resolution of the dispute. The applicant must send a written statement
to the executive commissioner describing the request for reimbursement
and the reasons for it. The program director may also send a written
statement to the executive commissioner describing the program's reasons
for denying reimbursement. The executive commissioner makes a timely
decision concerning the appeal and notifies the applicant and the
program in writing of the decision.
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