| (a) An applicant for an initial license must submit
an application in accordance with §559.13 of this subchapter
(relating to General Application Requirements) and include full payment
of the fees required in §559.37 of this subchapter (relating
to Fees).
(b) HHSC reviews an application for an initial license
within 30 days after the date the HHSC Licensing and Credentialing
Section, Long-term Care Regulation, receives the application and the
associated fees and notifies the applicant if additional information
is needed to complete the application.
(c) The applicant must notify HHSC via the online portal
indicating that the facility is ready for a Life Safety Code (LSC)
inspection. The notice must be submitted with the application or within
120 days after the HHSC Licensing and Credentialing Section, Long-term
Care Regulation, receives the application. After the applicant has
satisfied the application submission requirements in §559.11
of this subchapter (relating to Criteria for Licensing) and §559.13
of this subchapter, HHSC staff conduct an on-site LSC inspection of
the facility to determine if the facility meets the applicable physical
plant requirements in Subchapter C of this chapter (relating to Facility
Construction Procedures).
(d) If the applicant fails to meet the licensure requirements
within 120 days after the initial LSC inspection, HHSC denies the
application for a license.
(e) After an applicant has met the licensure requirements
in Subchapter C of this chapter and admitted at least one but no more
than three clients, the applicant must notify HHSC via the online
portal that the facility is ready for a health inspection.
(1) HHSC staff conduct an on-site health inspection
to determine if the facility meets the licensure requirements for
standards of operation and client care in Subchapter D of this chapter
(relating to Standards for Licensure).
(2) If the facility fails to meet the licensure requirements
for standards of operation and client care within 120 days after the
initial health inspection, HHSC denies the application for a license.
(f) HHSC issues a license within 30 days after HHSC
determines that the applicant and the facility have met the licensure
requirements of this section. Issuing a license constitutes HHSC's
official written notice to the facility of the approval of the application.
(g) HHSC may deny an application for an initial license
if the applicant, controlling person, or any person required to submit
background and qualification information fails to meet the criteria
for a license established in §559.11 of this subchapter.
(h) If HHSC denies an application for an initial license,
HHSC sends the applicant a written notice of the denial and informs
the applicant of the applicant's right to request an administrative
hearing to appeal the denial. The administrative hearing is held in
accordance with HHSC rules in 1 TAC, Part 15, Chapter 357, Subchapter
I (relating to Hearings Under the Administrative Procedure Act).
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