| (a) An entity may not establish or provide individualized
skills and socialization services in Texas without a license issued
by the Texas Health and Human Services Commission (HHSC) in accordance
with Texas Human Resources Code, Chapter 103, and this subchapter.
(b) An individualized skills and socialization provider
must be listed on HHSC's Day Activity and Health Services (DAHS) directory
as an individualized skills and socialization provider in order to
provide individualized skills and socialization services.
(c) An applicant for a license must submit a complete
application form, follow the application instructions, electronically
upload required documentation, and submit the required license fee
to HHSC through the online licensure portal.
(d) An applicant for a license must complete the HHSC
required training to become an individualized skills and socialization
provider and provide documentation that required training is complete
through the application in the online licensure portal.
(e) An applicant for a license must submit to HHSC
as part of the application the:
(1) name of the business entity to be licensed;
(2) tax identification number;
(3) name of the chief executive officer (CEO) or equivalent
person;
(4) ownership information;
(5) address of the on-site individualized skills and
socialization location or, for providers of off-site individualized
skills and socialization services only, the designated place of business
where records are kept;
(6) name of program providers using this entity for
individualized skills and socialization services, if any;
(7) maximum number of individuals who can receive individualized
skills and socialization at or from this location, which will become
the licensed capacity when approved;
(8) effective date the entity will be available to
provide individualized skills and socialization services;
(9) attestation that the applicant has created and
implemented a community engagement plan, including:
(A) a description of how the organization will meet
the requirement to make off-site individualized skills and socialization
available to individuals;
(B) a description of how the organization will work
with contracted program providers to obtain information from the individuals'
person-directed plans (PDP) and use that information to inform on-site
and off-site activities that are aligned with an individual's PDP;
and
(C) a description of how staff will respond to an emergency
or other unexpected circumstance that may occur during the provision
of on-site and off-site individualized skills and socialization to
ensure the health and safety of all individuals; and
(10) any other information required by the online application
instructions.
(f) HHSC may deny an application that remains incomplete
after 120 days.
(g) Before issuing a license, HHSC considers the background
and qualifications of:
(1) the applicant or license holder;
(2) a person with a disclosable interest;
(3) an affiliate of the applicant or license holder;
(4) an administrator;
(5) a manager; and
(6) any other person disclosed on the submitted application
as defined by the application instructions.
(h) If the applicant is located within, on the grounds
of, or physically adjacent to a prohibited setting as set forth in
the rules governing the HCS Program and the applicant has not been
approved through heightened scrutiny process, HHSC will refer the
application for enforcement.
(i) An applicant for a license must affirmatively demonstrate
that the applicant meets the requirements for operation based on an
on-site survey. However, through the end of HHSC fiscal year 2023,
at its sole discretion, HHSC may issue a temporary initial license
effective for 180 days which may be extended until such time as an
applicant demonstrates that it meets the requirements for operation
based on this on-site survey.
(j) HHSC issues a license if it finds that the applicant
or license holder, all persons described in subsection (h) of this
section, and the provider meet all applicable requirements of this
subchapter, and the on-site individualized skills and socialization
location, if applicable, meets all requirements of this subchapter.
(k) HHSC will implement a system under which licenses
issued under this subchapter expire on staggered dates. Through the
end of HHSC fiscal year 2023, applicants may receive:
(1) a one-year license;
(2) a two-year license;
(3) a three-year license.
(l) An individualized skills and socialization provider
must not provide services to more individuals than the number of individuals
specified on its license.
(m) An individualized skills and socialization provider
must prominently and conspicuously post its license for display in
a public area of the on-site individualized skills and socialization
location that is readily accessible to individuals, employees, and
visitors. For an off-site only individualized skills and socialization
provider, the license must be displayed in a conspicuous place in
the designated place of business.
(n) If any information submitted through the application
process changes following licensure, the license holder must submit
an application through the online licensure portal to make the changes.
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