|(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,
(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
(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