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RULE §557.127Application Processing

(a) Time periods. HHSC complies with the following procedures in processing applications for a facility and corrections medication aide permit and renewal.

  (1) The following periods of time apply from the date HHSC receives an application until the date HHSC issues a written notice that the application is complete and accepted for filing or that the application is deficient and additional specific information is required. HHSC may issue a written notice stating that the application has been approved instead of a notice that the application is complete. The time periods are as follows:

    (A) letter of acceptance of application for a permit--21 days;

    (B) letter of application deficiency or ineligibility--21 days;

    (C) acceptance of renewal permit--21 days; and

    (D) letter of renewal of permit deficiency--21 days.

  (2) The following periods of time apply from the date HHSC receives the last item necessary to complete the application until the date HHSC issues written notice approving or denying the application. For the purpose of this section, an application is not considered complete until any required examination has been successfully completed by the applicant. The time periods for denial include notification of a proposed decision and an opportunity, if required, for the applicant to show compliance with law, and an opportunity to request a hearing. The time periods are as follows:

    (A) issuance of initial permit--60 days;

    (B) letter of denial for a permit or renewal permit--60 days; and

    (C) issuance of renewal permit after receipt of documentation of the completion of all renewal requirements--20 days.

(b) Reimbursement of fees.

  (1) If an application is not processed in the time periods stated in subsection (a) of this section, the applicant has the right to request reimbursement of all fees paid in that particular application process. Application for reimbursement must be made to the program administrator for HHSC Medication Aide Permit Program. If the program administrator does not agree that the time period has been violated or finds that good cause existed for exceeding the time period, the request must be denied.

  (2) Good cause for exceeding the time period exists if the number of applications for a permit and permit renewal exceeds by 15 percent or more the number of applications processed in the same calendar quarter the preceding year; another public or private entity relied upon by HHSC in the application process caused the delay; or any other condition exists giving HHSC good cause for exceeding the time period.

(c) Appeal. If a request for reimbursement under subsection (b) of this section is denied by the program administrator, the applicant may appeal in writing to the Texas Health and Human Services Commission's hearings section to request a hearing on the reimbursement denial. A hearing is governed by 1 TAC Chapter 357, Subchapter I (relating to Hearings under the Administrative Procedure Act); and 40 TAC Chapter 91 (relating to Hearings under the Administrative Procedure Act).

Source Note: The provisions of this §557.127 adopted to be effective September 24, 2018, 43 TexReg 6328

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