| (a) To renew its license, an agency must submit a renewal
application through the online portal.
(b) An agency must submit its renewal application in
accordance with §558.12 of this subchapter (relating to General
Application) when submitting a renewal application through the online
portal.
(c) For each license period, an agency must provide
services to at least one client to be eligible to renew its license.
(d) HHSC does not require an agency to admit a client
under each category of service authorized under the license to be
eligible to renew its license.
(e) With each renewal application, an agency accredited
by an accreditation organization referenced in §558.503 of this
chapter (relating to Exemption from Survey) must submit to HHSC through
the online portal a copy of the accreditation documentation that the
agency receives from the accreditation organization.
(f) At least 120 days before the expiration date of
a license, HHSC makes the renewal application and instructions available
through the online portal. HHSC notifies the agency with electronic
notice that the application and instructions to renew the license
are made available through the online portal.
(1) If the renewal application is not made available
by HHSC in accordance with this subsection, the agency must, at least
90 days before the expiration date of a license, notify HHSC in writing
that it has not received notice of expiration and request that HHSC
make a renewal application available.
(2) To avoid a late fee, an agency must submit to HHSC
a complete and accurate renewal application, as described in §558.12(c)
of this subchapter, with full payment of all required license fees
as specified in §558.3 of this chapter (relating to License Fees),
no later than the 45th day before the expiration date of the license.
(3) If an agency submits a renewal application after
the 45th day before the expiration date of a license, but before the
expiration date of the license, HHSC assesses the late fee set out
in §558.3(c) of this chapter for failure to comply with paragraph
(2) of this subsection.
(g) If an agency submits a renewal application to HHSC
after the expiration date of the license, HHSC denies the renewal
application and does not refund the renewal license fee. The agency
is not eligible to renew the license and must cease operation on the
date the license expires. An agency whose license expires must apply
for an initial license in accordance with §558.13 of this subchapter
(relating to Obtaining an Initial License).
(h) If an agency submits a renewal application before
the expiration date of the license in accordance with this subsection,
the license does not expire until HHSC has made a final determination
on the application.
(1) If an enforcement action is pending at the time
the renewal applicant submits a renewal application, the agency's
license does not expire and the agency may continue to operate until
HHSC had made a final determination on the application, concurrent
with the agency's opportunity for a formal hearing as described in §558.601
of this chapter (relating to Enforcement Actions).
(2) A license expires if the license holder fails to
submit a renewal application in accordance with the subsection before
the expiration date.
(i) If a license holder fails to submit a renewal application
in accordance with subsection (h) of this section because the license
holder is or was on active duty with the armed forces of the United
States of America outside the State of Texas, the license holder may
renew the license pursuant to this subsection.
(1) An individual having power of attorney from the
license holder or other authority to act on behalf of the license
holder may request renewal of the license. The renewal application
must include a current address and telephone number for the individual
requesting the renewal.
(2) An agency may submit a request for a renewal application
through the online portal before or after the expiration of the license.
(3) A copy of the official orders or other official
military documentation showing that the license holder is or was on
active military duty serving outside the State of Texas must be submitted
to HHSC with the renewal application.
(4) A copy of the power of attorney from the license
holder or other authority to act on behalf of the license holder must
be submitted to HHSC with the renewal application.
(5) A license holder applying to renew a license under
this subsection must pay the required renewal fee in full.
(6) A license holder may not operate the agency for
which the license was obtained after the expiration of the license
unless and until HHSC renews the license.
(7) This subsection applies to a license holder who
is an individual or a partnership comprised of individuals, all of
whom are or were on active duty with the armed forces of the United
States of America serving outside the State of Texas.
(j) An applicant for a renewal license must comply
with §558.30 of this subchapter (relating to Operation of an
Inpatient Unit at a Parent Agency) to operate an inpatient unit at
the applicant's parent agency.
|
| Source Note: The provisions of this §558.17 adopted to be effective June 1, 2006, 31 TexReg 1455; amended to be effective September 1, 2008, 33 TexReg 1149; amended to be effective January 15, 2009, 34 TexReg 252; amended to be effective July 1, 2012, 37 TexReg 4613; amended to be effective January 17, 2018, 43 TexReg 238; transferred effective May 1, 2019, as published in the April 12, 2019, issue of the Texas Register, 44 TexReg 1893; amended to be effective April 25, 2021, 46 TexReg 2427 |
