|(a) A license holder must not increase a facility's
licensed capacity without approval from DADS.
(b) The license holder must submit an application for
an increase in capacity in accordance with §92.12 (relating to
General Application Requirements) and the fee required in §92.4
of this chapter (relating to License Fees).
(c) The license holder must arrange for an inspection
of the facility by the local fire marshal and provide the signed fire
marshal approval to DADS.
(d) After DADS' review of an application and after
the applicant notifies DADS in writing that the facility is ready
for a Life Safety Code (LSC) inspection, DADS staff conduct an on-site
LSC inspection of the facility to determine if the facility meets
the LSC licensure requirements in Subchapter D of this chapter (relating
to Facility Construction).
(e) If the facility fails to meet the LSC licensure
requirements within 120 days after the LSC inspection, DADS denies
the application for an increase in capacity.
(f) After a facility has met LSC licensure requirements,
DADS staff conduct an on-site health inspection to determine if the
facility meets the licensure requirements for standards of operation
and resident care in Subchapter C of this chapter (relating to Standards
(g) DADS issues a new license with an increased capacity
within 30 days after DADS determines that all licensure requirements
have been met. DADS may grant approval to occupy the increased capacity
once DADS determines that all licensure requirements have been met.
(h) In order to meet the residents' health and safety
needs in the event of a fire, natural disaster, or catastrophic event,
DADS may grant approval to temporarily exceed a facility's licensed
capacity provided the health and safety of residents are not compromised
and the facility can meet the required health care service needs of
all residents. A facility may exceed its licensed capacity under this
circumstance, monitored by DADS, until residents can be transferred
to a permanent location. DADS will issue authorization for the temporary
increase in the facility's licensed capacity. The authorization to
temporarily increase the capacity ends when the facility receives
written notice from DADS ending the authorization.
|Source Note: The provisions of this §553.18 adopted to be effective January 15, 2009, 34 TexReg 240; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1886