| (a) Time periods. HHSC complies with the following
procedures in processing applications for a facility and corrections
medication aide permit and renewal.
(1) The following periods of time apply from the date
HHSC receives an application until the date HHSC issues a written
notice that the application is complete and accepted for filing or
that the application is deficient and additional specific information
is required. HHSC may issue a written notice stating that the application
has been approved instead of a notice that the application is complete.
The time periods are as follows:
(A) letter of acceptance of application for a permit--21
days;
(B) letter of application deficiency or ineligibility--21
days;
(C) acceptance of renewal permit--21 days; and
(D) letter of renewal of permit deficiency--21 days.
(2) The following periods of time apply from the date
HHSC receives the last item necessary to complete the application
until the date HHSC issues written notice approving or denying the
application. For the purpose of this section, an application is not
considered complete until any required examination has been successfully
completed by the applicant. The time periods for denial include notification
of a proposed decision and an opportunity, if required, for the applicant
to show compliance with law, and an opportunity to request a hearing.
The time periods are as follows:
(A) issuance of initial permit--60 days;
(B) letter of denial for a permit or renewal permit--60
days; and
(C) issuance of renewal permit after receipt of documentation
of the completion of all renewal requirements--20 days.
(b) Reimbursement of fees.
(1) If an application is not processed in the time
periods stated in subsection (a) of this section, the applicant has
the right to request reimbursement of all fees paid in that particular
application process. Application for reimbursement must be made to
the program administrator for HHSC Medication Aide Permit Program.
If the program administrator does not agree that the time period has
been violated or finds that good cause existed for exceeding the time
period, the request must be denied.
(2) Good cause for exceeding the time period exists
if the number of applications for a permit and permit renewal exceeds
by 15 percent or more the number of applications processed in the
same calendar quarter the preceding year; another public or private
entity relied upon by HHSC in the application process caused the delay;
or any other condition exists giving HHSC good cause for exceeding
the time period.
(c) Appeal. If a request for reimbursement under subsection
(b) of this section is denied by the program administrator, the applicant
may appeal in writing to the Texas Health and Human Services Commission's
hearings section to request a hearing on the reimbursement denial.
A hearing is governed by 1 TAC Chapter 357, Subchapter I (relating
to Hearings under the Administrative Procedure Act); and 40 TAC Chapter
91 (relating to Hearings under the Administrative Procedure Act).
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