| (a) An agency with a current license to provide licensed
home health services, licensed and certified home health services,
or personal assistance services may qualify for a branch office license,
if the parent agency:
(1) is found to be in substantial compliance with the
Statute and this chapter;
(2) has no enforcement action pending against the license;
and
(3) meets its initial survey requirements before HHSC
approves a branch office license.
(b) To apply for a branch office license, an agency
must submit an application for the license to HHSC through the online
portal, in accordance with §558.12 of this subchapter (relating
to General Application).
(c) A designated survey office conducts a review of
an agency's request to establish a branch office. The survey office
makes a recommendation to approve or disapprove the branch office
request.
(d) HHSC approves or denies the application for a branch
office license after considering the designated survey office's recommendation.
If HHSC denies the application, HHSC sends the agency a written notice:
(1) of its decision; and
(2) the agency's opportunity to appeal its decision
through a formal hearing process as described in §558.601 of
this chapter (relating to Enforcement Actions).
(e) CMS approves or denies the branch location if an
agency is licensed to provide licensed and certified home health services.
(f) A branch office license expires on the same expiration
date as the parent agency's license. To renew a branch office license,
the license holder must submit, to HHSC through the online portal,
a complete and accurate renewal application and all required fees
for the branch office license application, and the agency may renew
it with the parent agency's license.
(g) If HHSC grants a branch office license, it provides
the branch office license to the license holder for the parent agency
and branch office. The branch office must post the license in a conspicuous
place on the licensed branch office premises.
(h) A branch office must comply with §558.321
of this title (relating to Standards for Branch Offices) and the additional
standards that relate to the agency's authorized categories under
the license.
(i) Unless an agency is exempt from the survey, as
specified in §558.503 of this chapter (relating to Exemption
From a Survey), HHSC does not renew a branch office license if it
has not conducted a health survey of a branch office after issuance
of the license to verify compliance with the Statute and this chapter.
|
| Source Note: The provisions of this §558.27 adopted to be effective June 1, 2006, 31 TexReg 1455; 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 |
