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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 553LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER BAPPLICATION PROCEDURES
RULE §553.15Renewal Procedures and Qualifications

(a) A license issued under this chapter:

  (1) expires three years after the date issued, except as provided in subsections (b)(1) and (c)(1) of this section;

  (2) must be renewed before the license expiration date; and

  (3) is not automatically renewed.

(b) If HHSC renews a license that expires after December 31, 2018, and before January 1, 2020, HHSC:

  (1) issues a license that is valid for two years, if the license is for a facility with a facility identification number that ends in 0-3 or 7-9; and

  (2) issues a license that is valid for three years, if the license is for a facility with a facility identification number that ends in 4-6.

(c) If HHSC renews a license that expires after December 31, 2019, and before January 1, 2021, HHSC:

  (1) issues a license that is valid for two years, if the license is for a facility with a facility identification number that ends in 4-6; and

  (2) issues a license that is valid for three years, if the license is for a facility with a facility identification number that ends in 0-3 or 7-9.

(d) An application for renewal must comply with the requirements of §92.12 of this subchapter (relating to General Application Requirements) and §92.13 of this subchapter (relating to Time Periods for Processing All Types of License Applications). The submission of a license fee alone does not constitute an application for renewal.

(e) To renew a license, a license holder must submit an application for renewal with HHSC before the expiration date of the license. HHSC considers the license holder to have met the renewal application submission deadline if the license holder submits to HHSC the basic fee described in §92.4(a)(1) or (2) of this chapter (relating to License Fees) and:

  (1) a complete application for renewal no later than 45 days before the expiration of the current license;

  (2) an incomplete application for renewal, with a letter explaining the circumstances that prevented the inclusion of the missing information no later than 45 days before the expiration of the current license; or

  (3) a complete application or an incomplete application with a letter explaining the circumstances that prevented the inclusion of the missing information, and the late fee described in §92.4(b) of this chapter during the 45-day period ending on the date the current license expires.

(f) If a renewal application is postmarked on or before the submission deadline, the application is considered to be timely if it is received in HHSC Licensing and Credentialing Section, Long-term Care Regulatory Services Division, within 15 days after the date of the postmark, or within 30 days after the date of the postmark and the license holder proves to the satisfaction of HHSC that the delay was due to the carrier. It is the license holder's responsibility to ensure that the application is timely received by HHSC.

(g) For purposes of Texas Government Code, §2001.054, a license holder has submitted a timely and sufficient application for the renewal of a license if the license holder's application is submitted in accordance with subsections (e) and (f) of this section. A license expires if the license holder fails to submit a timely and sufficient application before the expiration date of the license.

(h) An application for renewal submitted after the expiration date of the license is considered to be an application for an initial license and must comply with the requirements for an initial license in §92.14 of this subchapter (relating to Initial License Application Procedures and Requirements).

(i) HHSC reviews an application for a renewal license within 30 days after the date HHSC Licensing and Credentialing Section receives the application and notifies the applicant if additional information is needed to complete the application.

(j) A license holder applying for a renewal license must show that the facility meets HHSC licensing standards based on an on-site inspection by HHSC. The on-site inspection must include an observation of the care of a resident.

(k) If an applicant is relying on meeting standards for accreditation in accordance with §92.11(c)(2) of this subchapter (relating to Criteria for Licensing) to show that it meets the requirements for licensure, the application for a renewal license must include a copy of the license holder's accreditation report from the accreditation commission with its application for renewal.

(l) HHSC may pend action on an application for the renewal of a license for up to six months if the facility does not meet licensure requirements during an on-site inspection.

(m) The issuance of a license constitutes official written notice from HHSC to the facility that its application is approved.

(n) HHSC may deny an application for the renewal of a license if the applicant, controlling person, or any person required to submit background and qualification information fails to meet the criteria for a license established in §92.11 of this subchapter.

(o) Before denying an application for renewal of a license, HHSC gives the license holder:

  (1) notice by registered or certified mail of the facts or conduct alleged to warrant the proposed action; and

  (2) an opportunity to show compliance with all requirements of law for the retention of the license.

(p) To request an opportunity to show compliance, the license holder must send its written request to the director of the Enforcement Section, Long-Term Care Regulatory. The request must:

  (1) be postmarked no later than 10 days after the date of HHSC notice and be received in the office of the director of the Enforcement Section, Long-Term Care Regulatory, no later than 10 days after the date of the postmark; and

  (2) contain specific documentation refuting HHSC allegations.

(q) The opportunity to show compliance is limited to a review of documentation submitted by the license holder and information HHSC used as the basis for its proposed action and is not conducted as an adversary hearing. HHSC gives the license holder a written affirmation or reversal of the proposed action.

(r) If HHSC denies an application for the renewal of a license, the applicant may request:

  (1) an informal reconsideration by HHSC; and

  (2) an administrative hearing or binding arbitration, as described in §92.601 of this chapter (relating to Arbitration), to appeal the denial.


Source Note: The provisions of this §553.15 adopted to be effective October 29, 2018, 43 TexReg 7205; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1886

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