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RULE §133.24Change of Ownership

(a) Change of ownership defined. A change of ownership of a hospital occurs when there is a change in the person legally responsible for the operation of the hospital, whether by lease or by ownership.

  (1) If a corporate licensee amends its articles of incorporation to revise its name and the tax identification number does not change, this subsection does not apply, except that the corporation must notify the department within 10 calendar days after the effective date of the name change.

  (2) The sale of stock of a corporate licensee does not cause this subsection to apply.

(b) License application required. The new owner shall submit an application for an initial license to the Department of State Health Services (department) prior to the date of the change of ownership or not later than 10 calendar days following the date of a change of ownership. The application shall be in accordance with §133.22 of this title (relating to the Application and Issuance of Initial License) except that the applicant need not submit any transfer agreements previously approved by the department and the current applicant has affirmatively indicated it has adopted the transfer agreement. In addition to the documents required in §133.22 of this title, the applicant shall include a copy of the signed bill of sale or lease agreement that reflects the effective date of the sale or lease.

(c) Inspections. The on-site construction and health inspections required by §133.22 of this title may be waived by the department.

(d) Issuance of license. When the new owner has complied with the provisions of §133.22 of this title, the department shall issue a license which shall be effective the date of the change of ownership.

(e) Expiration of license. The expiration date of the license shall be in accordance with §133.22(d)(2) of this title.

(f) License void. The previous owner's license shall be void on the effective date of the new owner's license.

Source Note: The provisions of this §133.24 adopted to be effective June 21, 2007, 32 TexReg 3587

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