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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 98DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER BAPPLICATION PROCEDURES
RULE §98.11Criteria for Licensing

(a) A person must not establish or operate a DAHS facility in Texas without a license issued by HHSC in accordance with Texas Human Resources Code, Chapter 103, and this chapter.

(b) An applicant for a license must submit a complete application form and license fee to HHSC.

(c) An applicant for a license must affirmatively demonstrate that the DAHS facility meets:

  (1) the standards of the Life Safety Code, NFPA 101, 2000 edition;

  (2) the construction standards in Subchapter C of this chapter (relating to Facility Construction Procedures); and

  (3) the requirements for operation based on an on-site survey.

(d) HHSC may deny an application that remains incomplete after 120 days.

(e) Before issuing a license, HHSC considers the background and qualifications of:

  (1) the applicant or license holder:

  (2) a person with a disclosable interest;

  (3) an affiliate of the applicant or license holder;

  (4) a director; and

  (5) a manager.

(f) HHSC issues a license if it finds that the DAHS facility, and any person described in subsection (e) of this section, meets all requirements of this chapter. The license is valid for three years, except as provided by §98.15(b)(1) and (c)(1) of this subchapter (relating to Renewal Procedures and Qualifications).

(g) A facility must not provide services to more individuals than the number of individuals specified on its license.

(h) A facility must prominently and conspicuously post its license for display in a public area of the facility that is readily accessible to individuals, employees, and visitors.


Source Note: The provisions of this §98.11 adopted to be effective August 31, 1993, 18 TexReg 2726; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective May 1, 2002, 27 TexReg 3370; amended to be effective April 1, 2007, 32 TexReg 1749; amended to be effective September 1, 2008, 33 TexReg 1151; amended to be effective September 1, 2009, 34 TexReg 5141; amended to be effective December 1, 2016, 41 TexReg 9327; amended to be effectiveOctober 29, 2018, 43 TexReg 7219

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