| (a) An applicant may request that HHSC, before conducting
an on-site health inspection, issue an initial license for a Type
B facility and an Alzheimer's certification for the facility or a
distinct unit of the facility. The applicant must meet the requirements
of §553.25 of this subchapter (relating to Initial License for
a Type A or Type B Facility for an Applicant in Good Standing) for
the initial license and the requirements of this section for certification
of the facility or unit.
(b) An applicant must request certification by submitting
forms prescribed by HHSC via the online portal and include full payment
of applicable fees described in §553.47 of this subchapter (relating
to License Fees).
(c) An applicant that makes a request in accordance
with subsection (a) of this section is not required to admit a resident
to the facility or unit or have the on-site health inspection described
in §553.23(f) of this subchapter (relating to Initial License
Application Procedures and Requirements) before HHSC certifies the
facility or unit if HHSC determines that the applicant is in good
standing:
(1) for the issuance of an initial license of the facility
in accordance with §553.25(c) of this subchapter; and
(2) for certification of the facility or unit in accordance
with subsection (d) of this section.
(d) An applicant is in good standing to obtain certification
of a facility or unit if:
(1) for at least six consecutive years before applying
for certification:
(A) the applicant has been:
(i) the license holder for an Alzheimer's certified
facility in Texas or a facility in Texas that has an Alzheimer's certified
unit; or
(ii) a controlling person of the license holder for
an Alzheimer's certified facility in Texas or a facility in Texas
that has an Alzheimer's certified unit; or
(B) a controlling person of the applicant has been:
(i) the license holder for an Alzheimer's certified
facility in Texas or a facility in Texas that has an Alzheimer's certified
unit; or
(ii) a controlling person of the license holder for
an Alzheimer's certified facility in Texas or a facility in Texas
that has an Alzheimer's certified unit;
(2) each licensed facility operated by the applicant
or the controlling person has not had a violation or sanction described
in §553.25(c)(2) of this subchapter; and
(3) each licensed facility operated by the applicant
or the controlling person has had no more than two violations listed
in §553.267(a) of this chapter (relating to Rights) during the
six-year period immediately before the applicant applied for certification.
(e) For purposes of subsection (d)(3) of this section,
a facility has a violation if:
(1) the applicant or controlling person operating the
facility did not challenge the violation;
(2) a final determination on the violation is pending;
or
(3) the violation was upheld.
(f) An applicant that makes a request in accordance
with subsection (a) of this section must submit to HHSC for approval
via the online portal:
(1) the applicant's policies and procedures required
by Subchapter F of this chapter (relating to Additional Licensing
Standards for Certified Alzheimer's Assisted Living Facilities); and
(2) documentation demonstrating that the applicant
is complying with Subchapter F of this chapter and §553.257(b)of
this chapter (relating to Human Resources).
(g) HHSC certifies a facility or unit after an applicant
makes a request in accordance with subsection (a) of this section
if HHSC determines that the applicant:
(1) meets the good standing requirements described
in §553.25(c) of this subchapter and subsection (d) of this section;
(2) has submitted information in accordance with subsection
(f) of this section; and
(3) is in compliance with:
(A) §553.27 of this subchapter (relating to Certification
of a Type B Facility or Unit for Persons with Alzheimer's Disease
and Related Disorders); and
(B) §553.311 of this chapter (relating to Physical
Plant Requirements for Alzheimer's Units).
(h) HHSC conducts an on-site health inspection to determine
if the facility or unit meets the requirements of Subchapter F of
this chapter within 90 days after the date HHSC certifies a facility
or unit in accordance with subsection (g) of this section. During
each on-site health inspection, HHSC observes the provision of care
to at least one resident who has been admitted to the facility or
unit.
(i) Until a facility or unit that is issued a certification
under this section meets the requirements of the on-site health inspection
described in subsection (h) of this section, the facility must attach
a written addendum to the disclosure statement required by §553.307(a)
of this chapter (relating to Admission Procedures, Assessment, and
Service Plan) to notify a resident or a prospective resident that
the facility or unit has not met the requirements of the on-site health
inspection. At a minimum, the addendum must state that:
(1) the facility or unit has not met the requirements
of an initial on-site health inspection for Alzheimer's certification;
and
(2) HHSC conducts an on-site health inspection for
Alzheimer's certification within 90 days after the date of certification.
(j) To obtain certification of a unit in a Type B facility
that is already licensed, a license holder must comply with §553.27
of this subchapter.
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