| (a) The application receipt date for an initial license
or a renewal license is the date the Texas Health and Human Services
Commission (HHSC) receives the application and fee.
(b) An initial license application is complete when
HHSC receives, reviews, and finds acceptable the information described
in §511.12(a) - (b) of this subchapter (relating to Application
and Issuance of Initial License).
(c) A renewal license application is complete when
HHSC receives, reviews, and finds acceptable the information described
in §511.13(b) of this subchapter (relating to Application and
Issuance of Renewal License).
(d) HHSC shall process a limited services rural hospital
(LSRH) initial or renewal license in accordance with the following
time periods.
(1) The first time period begins on the date HHSC receives
the application and supporting documents and ends on the date HHSC
issues the LSRH license. If HHSC receives an incomplete application,
the time period ends on the date HHSC issues a written notice to the
applicant that the application is incomplete. The written notice shall
describe the specific documents or information required to complete
the application. The first time period is 45 calendar days.
(2) For incomplete applications, the second time period
begins on the date HHSC determines the application is complete and
ends on the date HHSC issues the LSRH license. The second time period
is 45 calendar days.
(e) If the application is not processed in the time
periods as stated in subsection (d) of this section, the applicant
has the right to request HHSC to fully reimburse the fee paid in that
particular application process. If HHSC does not agree the established
periods have been violated or finds good cause existed for exceeding
the established periods, HHSC shall deny the request.
(f) The following circumstances are good cause for
HHSC exceeding the established time period:
(1) the number of applications for licenses exceeds
by 15 percent or more the number processed in the same calendar quarter
the preceding year;
(2) another public or private entity utilized in the
application process caused the delay; or
(3) other conditions existed which gave good cause
for exceeding the established time periods.
(g) If HHSC denies the request for full reimbursement
authorized by subsection (e) of this section, the applicant may then
appeal to the HHSC executive commissioner for a resolution of the
dispute. The applicant shall give written notice to the executive
commissioner requesting full reimbursement of all filing fees paid
because HHSC did not process the application within the adopted time
period. HHSC shall submit a written report of the facts related to
the processing of the application and good cause for exceeding the
established time periods. The executive commissioner shall make the
final decision and provide written notification of the decision to
the applicant and HHSC.
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