| (a) Basic fees.
(1) Type A and Type B. The license fee is $300, plus
$15 for each bed for which a license is sought, with a maximum of
$2,250 for a three-year license. The fee must be paid with an initial
application, change of ownership application, or renewal application.
(2) Increase in capacity. An approved increase in capacity
is subject to an additional fee of $15 for each bed.
(b) Late renewal fee. An applicant that submits an
application for license renewal later than the 45th day before the
expiration date of the license must pay a late fee of an amount equal
to one-half of the basic fee required in accordance with subsection
(a)(1) and (2) of this section.
(c) Alzheimer's certification. In addition to the basic
license fee described in subsection (a) of this section, a facility
that applies for certification as an Alzheimer's facility under Subchapter
E of this chapter (relating to Standards for Licensure) must pay an
additional license fee. For a three-year license issued in accordance
with subsection (a)(1) of this section or §553.33(a)(1) of this
subchapter, the additional fee is $300.
(d) Trust fund fee.
(1) If the amount in the facility trust fund, established
under Texas Health and Safety Code, Chapter 242, Subchapter D, and
Chapter 247 §247.003(b), is less than $500,000, HHSC collects
an annual fee from each facility. The fee is based on a monetary amount
specified for each licensed unit of capacity or bed space and is in
an amount sufficient to provide not more than $500,000 in the trust
fund. When the trust fund fee is collected, HHSC sends written notice
to each facility stating the amount of the fee and the date the fee
is due. A facility must pay the amount of the fee within 90 days after
the date the fee is due.
(2) HHSC may charge and collect a trust fund fee more
than once a year if necessary to ensure that the amount in the facility
trust fund is sufficient to make the disbursements required under
Texas Health and Safety Code §242.0965. When this subsequent
trust fund fee is collected, HHSC sends written notice to each facility
stating the amount of the fee and the date the fee is due. A facility
must pay the amount of the fee within 90 days after the date the fee
is due.
(3) Failure to pay the trust fund fee within 90 days
after the date the fee is due as stated on the written notice described
in paragraphs (1) and (2) of this subsection may result in an assessment
of an administrative penalty under the administrative penalties described
in Subchapter H, Division 9 of this chapter (relating to Administrative
Penalties).
(e) Plan review fee. An applicant may submit building
plans for a new building, an addition, the conversion of a building
not licensed, or for the remodeling of an existing licensed facility
for review by HHSC architectural staff. If the applicant chooses to
submit building plans for review, the applicant must pay a fee for
the plan review according to the following schedule:
Attached Graphic
(f) Payment of fees. A facility or applicant must pay
fees by check, cashier's check, money order, or credit card, made
payable to HHSC. All fees are nonrefundable, except as provided in
Texas Government Code, Chapter 2005, and in §553.21(d) of this
chapter (relating to Time Periods for Processing All Types of License
Applications).
(g) Optional expedited inspection and associated fee.
(1) An applicant for an assisted living facility license
may obtain an expedited inspection described in subparagraph (A) or
(B) of this paragraph if the applicant meets the requirements in both
clauses of the applicable subparagraph.
(A) A Life Safety Code (LSC) inspection conducted no
later than the 15th day after the date HHSC receives a request for
an expedited inspection, if the applicant:
(i) meets the application requirements under this subchapter
for the applicable license; and
(ii) submits the applicable expedited LSC inspection
fee in accordance with the fee schedule in paragraph (2) of this subsection;
or
(B) an on-site health inspection conducted no later
than the 21st day after the date HHSC receives a request for an expedited
inspection, if the applicant:
(i) meets the application requirements under this subchapter
for the applicable license; and
(ii) submits the applicable expedited on-site health
inspection fee in accordance with the fee schedule in paragraph (2)
of this subsection.
(2) An applicant requesting an expedited inspection
must include the applicable fee from the following fee schedule with
a request for an expedited inspection submitted in accordance with
paragraph (1) of this subsection.
Attached Graphic
(h) If, after HHSC conducts two LSC inspections for
a given application, the applicant requests an additional inspection,
then the applicant must pay a fee of $25 per bed, with a minimum payment
of $1,000 for the third and each subsequent inspection pertaining
to the same application.
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