|(a) Request for a waiver. A facility may submit a written
request to the Hospital Licensing Director, Health Facility Licensing
and Compliance Division, Texas Department of Health, 1100 West 49th
Street, Austin, Texas 78756 for a waiver or modification of a particular
provision of §134.122 or §134.123 of this title (relating
to New Construction Requirements and Spatial Requirements for New
Construction). Waivers will not be granted for fire safety requirements
required by the National Fire Protection Association (NFPA). The written
request shall specify the specific provision for which a waiver is
(b) Consideration. In considering the waiver or modification
request, the Hospital Licensing Director (HL director) shall consider
whether the waiver or modification:
(1) will adversely affect the health and safety of
the facility patients, employees, or the general public;
(2) will adversely impact the hospital's participation
in the federal Medicare program or accreditation by the Joint Commission
on Accreditation of Healthcare Organizations or the American Osteopathic
(3) if not granted, would impose an unreasonable hardship
on the facility in providing adequate care for patients;
(4) will facilitate the creation or operation of the
(5) is appropriate when balanced against the best interests
of the individuals served or to be served by the facility.
(c) Supporting documentation. The HL director may request
written documentation from the facility to support the waiver or modification
including, but not limited to:
(1) a statement addressing each of the criteria in
subsection (b) of this section;
(2) evidence of approval by the local building and
(3) evidence of provisions in the Act or this chapter
which will mitigate any adverse effect of the waiver or modification;
(4) evidence of any mitigating act in excess of the
Act or this chapter which will be used by the hospital to offset any
adverse effect of the waiver or modification.
(d) Written recommendation. The HL director shall
submit his written recommendation for granting or denying the waiver
to the commissioner of health (commissioner). The HL director's recommendation
shall address each of the criteria in subsection (b) of this section.
(e) Granting order. If the HL director recommends that
the waiver or modification be granted, the commissioner may issue
a written order granting the waiver or modification.
(f) Denial of order. If the HL director recommends
that the waiver or modification be denied, the commissioner may issue
a written order denying the waiver or modification.
(g) File documentation. The licensing file for the
facility maintained by the Texas Department of Health shall contain
a copy of the request, the documents requested in subsection (c)
of this section (if applicable), the written recommendation of the
HL director, and the order.
|Source Note: The provisions of this §510.129 adopted to be effective January 1, 2004, 28 TexReg 5154; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469