(a) A license issued under this chapter:
(1) expires three years after the date issued;
(2) must be renewed before the license expiration date;
and
(3) is not automatically renewed.
(b) The submission of a license fee alone does not
constitute an application for renewal.
(c) The completion of a renewal survey alone does not
renew the license. A renewal application submitted through the online
portal is required.
(d) If a renewal application is not generated in the
online portal within 120 days of expiration, it is the responsibility
of the facility to request from HHSC that one be generated.
(e) To renew a license, a license holder must submit
an application for renewal through the online portal no later than
the 45th day before the expiration date of the current license. HHSC
considers that an application for renewal has met the submission deadline
if the license holder:
(1) submits a complete application to HHSC, and HHSC
receives that complete application through the online portal no later
than the 45th day before the expiration date of the current license;
(2) submits an incomplete application to HHSC through
the online portal and uploads a letter explaining the circumstances
that prevented the inclusion of the missing information, and HHSC
receives the incomplete application and letter no later than the 45th
day before the expiration date of the current license; or
(3) submits a complete application or an incomplete
application through the online portal with a letter uploaded into
the application explaining the circumstances that prevented the inclusion
of the missing information to HHSC, HHSC receives the application
during the 45-day period ending on the date the current license expires,
and the license holder pays a late fee in accordance with §559.37(a)(2)
of this subchapter (relating to Fees) in addition to the license renewal
fee.
(f) If the application is submitted through the online
portal along with the appropriate licensing fee by the submission
deadline, HHSC considers the application to be timely filed. It is
the license holder's responsibility to ensure that the application
is timely received by HHSC by submission through the online portal.
(g) For purposes of Texas Government Code §2001.054,
HHSC considers that an individual has submitted a timely and sufficient
application for renewal of a license if the license holder's application
has met the submission deadlines in subsections (e) and (f) of this
section. Failure to submit a timely and sufficient application results
in the expiration of the license on the expiration date listed on
the license.
(h) HHSC does not accept an application for renewal
submitted after the expiration date of the license. An application
for an initial license must be submitted and must comply with the
requirements for an initial license in §559.11 of this subchapter
(relating to Criteria for Licensing) and §559.19 of this subchapter
(relating to Applicant Disclosure Requirements).
(i) The application for renewal must contain the same
information required for an initial application and the license fee
as described in §559.37 of this subchapter.
(j) The renewal of a license may be denied for the
same reasons an original application for a license may be denied under
the criteria in §559.31 of this subchapter (relating to Criteria
for Denying a License or Renewal of a License).
(k) The facility must have an annual inspection by
the local fire marshal and must submit a copy of the most current
inspection as part of the renewal procedures by uploading the report
into the renewal application through the online portal.
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