(a) To obtain a provider agreement under §9.208
of this division (relating to Provider Agreement), a provider applicant
whose application for enrollment is approved must receive licensure
under THSC, Chapter 252, if applicable, and certification as an ICF/IID
by DADS within 270 days from the date DADS approves the application,
except as provided in subsection (b) of this section.
(b) DADS may, for good cause, grant an extension of
the 270 day period described in subsection (a) of this section for
a period of time to be determined by DADS if a provider applicant
submits to DADS a written request for an extension, including supporting
documentation, prior to the expiration of the 270 day period. For
purposes of this subsection, good cause includes, but is not limited
to:
(1) construction of the facility is delayed for causes
beyond the provider applicant's control, such as a natural disaster;
(2) DADS is unable to make an on-site visit to the
facility within the 270 day period, through no fault of the provider
applicant; or
(3) construction of the facility is delayed because
of litigation regarding the construction or operation of the facility.
(c) DADS does not enter into a provider agreement with
a provider applicant who does not obtain licensure and certification
in accordance with this section.
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Source Note: The provisions of this §261.207 adopted to be effective January 1, 2001, 25 TexReg 12790; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective November 4, 2013, 38 TexReg 7724; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127 |