| (a) When a facility plans to change its ownership,
the new owner shall submit:
(1) an application for an initial license and nonrefundable
fee to the Texas Health and Human Services Commission (HHSC) no later
than 30 calendar days before the date of the change of ownership in
accordance with §509.24 of this subchapter (relating to Application
and Issuance of Initial License); and
(2) notwithstanding §509.24(c)(14) of this subchapter,
a copy of a passing fire inspection report conducted within the last
12 months and one from the year prior indicating approval by the local
fire authority in whose jurisdiction the facility is based. Annual
fire safety inspections are required for continued licensure status.
(b) In addition to the documents required in §509.24
of this subchapter, the applicant shall submit a copy of the signed
bill of sale or lease agreement that reflects the effective date of
the change of ownership.
(c) The applicant is not required to submit a transfer
agreement that HHSC has previously approved if the applicant notifies
HHSC in writing that it has adopted the transfer agreement.
(d) A facility is not required to submit an application
for change of ownership if the facility changes only its name. If
a facility changes its name, the facility must notify HHSC no later
than 10 calendar days after the effective date of the change.
(e) For a change of ownership, HHSC may waive the initial
licensure on-site health inspection required by §509.24(l) of
this subchapter and the initial on-site construction inspection required
by 25 TAC Chapter 131, Subchapter G (relating to Physical Plant and
Construction Requirements).
(f) If the applicant does not complete all requirements
of subsection (a) and (b) of this section within six months after
the date HHSC's health facility licensing unit receives confirmation
that HHSC received the application and payment, HHSC will withdraw
the application. Any fee paid for a withdrawn application is nonrefundable,
as indicated by §509.30(d) of this subchapter (relating to Fees).
(g) When the new owner has complied with the provisions
of §509.24 of this subchapter, HHSC shall issue a license that
is effective as of the date of the change of ownership.
(h) HHSC shall set the expiration date of the license
in accordance with §509.24 of this subchapter.
(i) The previous owner's license becomes void as of
the effective date of the new owner's license.
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