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RULE §510.26Fees

(a) General.

  (1) All fees paid to the department are nonrefundable with the exception of fees for surveys that were not conducted.

  (2) All fees shall be paid to the department.

(b) License fees.

  (1) The fee for an initial license or a renewal license is $100 per bed per 12 months based upon the designed bed capacity. The total fee may not be less than $3,000 per 12 months. The designed bed capacity is determined as follows.

    (A) The designed bed capacity is the maximum number of patient beds that can be accommodated in rooms that comply with the requirements for patient room suites in §134.123 of this title (relating to Spatial Requirements for New Construction).

    (B) The maximum designed bed capacity includes beds that comply with the requirements in §134.123 of this title even if the beds are unoccupied or the space is used for other purposes such as offices or storage rooms, provided such rooms can readily be returned to patient use. All required support and service areas must be maintained in place. For example, the removal of a nurse station in an unused patient bedroom wing of 20 beds would effectivelyeliminate those 20 beds from the designed capacity.

    (C) The number of licensed beds in a multiple occupancy room shall be determined by the design even if the number of beds actually placed in the room is less than the designed capacity.

  (2) An additional fee shall be submitted with the Final Construction Approval form for an increase in the number of beds resulting from an approved construction project and an additional plan review fee if the construction cost increases to the next higher fee schedule according to subsection (c)(4) of this section.

  (3) A facility will not receive a refund of previously submitted fees should the designed bed capacity decrease as a result of an approved construction project.

(c) Plan review fees. This subsection outlines the fees which must accompany the application for plan review and all proposed plans and specifications covering the construction of new buildings or alterations to existing buildings which must be submitted for review and approval by the department in accordance with §134.127 of this title (relating to Preparation, Submittal, Review and Approval of Plans).

  (1) Construction plans will not be reviewed or approved until the required fee and an application for plan review are received by the department.

  (2) Plan review fees are based upon the estimated construction project costs which are the total expenditures required for a proposed project from initiation to completion, including at least the following items.

    (A) Construction project costs shall include expenditures for physical assets such as:

      (i) site acquisition;

      (ii) soil tests and site preparation;

      (iii) construction and improvements required as a result of the project;

      (iv) building, structure, or office space acquisition;

      (v) renovation;

      (vi) fixed equipment; and

      (vii) energy provisions and alternatives.

    (B) Construction project costs shall include expenditures for professional services including:

      (i) planning consultants;

      (ii) architectural fees;

      (iii) fees for cost estimation;

      (iv) legal fees;

      (v) management fees; and

      (vi) feasibility study.

    (C) Construction project costs shall include expenditures or costs associated with financing, excluding long-term interest, but including:

      (i) financial advisor;

      (ii) fund-raising expenses;

      (iii) lender's or investment banker's fee; and

      (iv) interest on interim financing.

    (D) Construction project costs shall include expenditure allowances for contingencies including:

      (i) inflation;

      (ii) inaccurate estimates;

      (iii) unforeseen fluctuations in the money market; and

      (iv) other unforeseen expenditures.

  (3) Regarding purchases, donations, gifts, transfers, and other comparable arrangements whereby the acquisition is to be made for no consideration or at less than the fair market value, the project cost shall be determined by the fair market value of the item to be acquired as a result of the purchase, donation, gift, transfer, or other comparable arrangement.

  (4) The plan review fee schedule based on cost of construction is:

    (A) $100,000 or less: $300;

    (B) $100,001 to $600,000: $850;

    (C) $600,001 to $2,000,000: $2,000;

    (D) $2,000,001 to $5,000,000: $3,000;

    (E) $5,000,001 to $10,000,000: $4,000; and

    (F) $10,000,001 and over: $5,000.

  (5) If an estimated construction cost cannot be established, the estimated cost shall be based on $105 per square foot. No construction project shall be increased in size, scope, or cost unless the appropriate fees are submitted with the proposed changes.

(d) Construction survey fees. A fee of $500 and an Application for Survey form for each survey shall be submitted to the department at least three weeks prior to the anticipated survey date. Construction surveys will not be conducted until all required fees are received by the department. If additional construction surveys of the proposed project are requested, the appropriate additional fees shall be submitted prior to any surveys conducted by the staff of the department. When followup construction surveys are performed to verify plans of correction, the fee shall be submitted upon completion of the survey.

(e) Cooperative agreement application fee. The application fee for a cooperative agreement, established under Health and Safety Code, Chapter 314, is $10,000. The application fee shall be submitted with an application for a cooperative agreement.

Source Note: The provisions of this §510.26 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

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