(a) Application submittal. The applicant shall submit
the following documents to the Texas Health and Human Services Commission
(HHSC) no earlier than 60 calendar days prior to the projected opening
date of the facility:
(1) an accurate and complete application form;
(2) a copy of the facility's patient transfer policy
which is developed in accordance with §510.43 of this chapter
(relating to Patient Transfer Policy) and is signed by both the chairman
and secretary of the governing body attesting to the date the policy
was adopted by the governing body and the effective date of the policy;
(3) a copy of the facility's memorandum of transfer
form which contains at a minimum the information described in §510.43(d)(10)(B)
of this chapter;
(4) for existing facilities, a copy of a fire safety
inspection indicating approval by the local fire authority in whose
jurisdiction the facility is based that is dated no earlier than one
year prior to the opening date. For new construction, additions, and
renovation projects, written approval by the local building department
and local fire authority shall be submitted at the time of the final
construction field survey by HHSC;
(5) documentation of accreditation by an accrediting
organization approved by the Centers for Medicare & Medicaid Services,
if applicable;
(6) the appropriate license fee as required in §510.26
of this subchapter (relating to Fees);
(7) if the applicant is a sole proprietor, partnership
with individuals as a partner, or a corporation in which an individual
has an ownership interest of at least 25 percent of the business entity,
the names and social security numbers of the individuals; and
(8) a multiple hospital location application form for
multiple hospitals to be licensed under a single license number, if
applicable.
(b) Additional documentation for new facilities or
conversions from non-facility buildings. In addition to the document
submittal requirements in subsection (a) of this section, an applicant
shall complete the following prior to the issuance of a license.
(1) The applicant shall submit preliminary and final
architectural plans and specifications for review and approval by
HHSC in accordance with Subchapter G of this chapter (relating to
Physical Plant and Construction Requirements).
(2) For new construction, HHSC shall conduct field
surveys in accordance with Subchapter G of this chapter to determine
that the facility was constructed or remodeled in accordance with
this chapter.
(3) When an applicant intends to reopen and license
a building formerly licensed as a hospital or crisis stabilization
unit, HHSC shall conduct an on-site field survey in accordance with
Subchapter G of this chapter to determine compliance with applicable
construction and fire safety requirements.
(4) The applicant shall pay all plan review and construction
field survey fees to HHSC.
(5) The applicant shall obtain a certificate of occupancy
approved by the local fire authority, and issued by the city building
inspector, if applicable, and submit a copy to HHSC.
(6) The applicant shall submit a complete and accurate
Final Construction Approval form signed by facility administration
to HHSC.
(c) Prelicensure conference. The applicant or the applicant's
representative shall attend a prelicensure conference at the office
designated by HHSC. The purpose of the prelicensure conference that
HHSC staff conducts is to review licensure rules and inspection documents
and provide consultation before the on-site licensure inspection.
HHSC may waive the prelicensure conference requirement.
(d) Issuance of license. When HHSC determines the facility
has complied with subsections (a)-(c) of this section, HHSC shall
issue the license to the applicant.
(1) Effective date. The license shall be effective
on the date the facility is determined to be compliant with subsections
(a)-(c) of this section. The effective date shall not be before the
date of the final construction field survey conducted by HHSC.
(2) Expiration date. For initial licenses issued:
(A) If the effective date of the license is the first
day of a month, the license expires on the last day of the 23rd month
after issuance.
(B) If the effective date of the license is the second
or any subsequent day of a month, the license expires on the last
day of the 24th month after issuance.
(e) Withdrawal of application. If an applicant decides
not to continue the application process for a license or renewal of
a license, the applicant may withdraw the application. HHSC shall
acknowledge receipt of the request to withdraw.
(f) Denial of a license. Denial of a license shall
be governed by §510.87 of this chapter (relating to Enforcement).
(g) Inspection. During the initial licensing period,
HHSC shall conduct an inspection of the facility to ascertain compliance
with the provisions of Texas Health and Safety Code Chapter 577 and
this chapter.
(1) A facility shall request HHSC conduct an on-site
inspection after the facility has admitted and provided services to
one inpatient.
(2) A facility shall be providing services to at least
one inpatient in the facility at the time of the inspection.
(3) If a hospital has applied to participate in the
federal Medicare program, HHSC may conduct the inspection in conjunction
with the licensing inspection to determine compliance with Code of
Federal Regulations Title 42 Part 482.
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Source Note: The provisions of this §510.22 adopted to be effective January 1, 2004, 28 TexReg 5154; amended to be effective May 9, 2004, 29 TexReg 4159; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469; amended to be effective November 21, 2024, 49 TexReg 9283 |