| (a) A license issued under this chapter:
(1) expires three years after the date issued, except
as noted 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) 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 no later than the 45th day before
the expiration date of the current license. HHSC considers that an
application for renewal has met the submission deadline, if the license
holder:
(1) submits a complete application to HHSC, and HHSC
receives that complete application no later than the 45th day before
the expiration date of the current license;
(2) submits an incomplete application to HHSC with
a letter explaining the circumstances that prevented the inclusion
of the missing information, and HHSC receives the incomplete application
and letter no later than the 45th day before the expiration date of
the current license; or
(3) submits a complete application or an incomplete
application with a letter explaining the circumstances that prevented
the inclusion of the missing information to HHSC, HHSC receives the
application during the 45-day period ending on the date the current
license expires, and the license holder pays a late fee in accordance
with §98.21(b) of this subchapter (relating to License Fees)
in addition to the license renewal fee.
(f) If the application is postmarked by the submission
deadline, the application will be considered to be timely filed if
received in HHSC Long-Term Care Regulatory Licensing and Credentialing
Section within 15 days after 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,
HHSC considers that an individual has submitted a timely and sufficient
application for the renewal of a license if the license holder's application
has met the submission deadlines in subsections (e) and (f) of this
section. Failure to submit a timely and sufficient application will
result in the expiration of the license on the expiration date listed
on 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 §98.11 of this subchapter (relating to Criteria
for Licensing) and §98.13 of this subchapter (relating to Application
Disclosure Requirements).
(i) The application for renewal must contain the same
information required for an original application and the license fee
as described in §98.21 of this subchapter.
(j) (The renewal of a license may be denied for the
same reasons an original application for a license may be denied (see §98.19
of this subchapter (relating to Criteria for Denying a License or
Renewal of a License)).
(k) The facility must have an annual inspection by
the local fire marshal and must submit a copy of the most current
inspection as part of the renewal procedures.
|
| Source Note: The provisions of this §559.15 adopted to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective November 1, 2000, 25 TexReg 10753; amended to be effective April 1, 2007, 32 TexReg 1749; amended to be effective September 1, 2008, 33 TexReg 1151; amended to be effective January 15, 2009, 34 TexReg 261; amended to be effective October 29, 2018, 43 TexReg 7219; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249 |
