| (a) HHSC may issue a six-month provisional license
in the case of a corporate change of ownership.
(b) HHSC issues a six-month provisional license for
a newly constructed facility without conducting an NFPA 101 and physical
plant inspection under Subchapter D of this chapter (relating to Facility
Construction), and, as applicable §553.311, of this chapter (relating
to Physical Plant Requirements for Alzheimer's Units), if:
(1) an applicant requests in writing a provisional
license;
(2) the applicant submits working drawings and specifications
to HHSC for review in accordance with applicable procedures for plan
review, approval, and construction in Subchapter D of this chapter,
before facility construction begins;
(3) the applicant obtains all approvals, including
a certificate of occupancy in a jurisdiction that requires one, from
local authorities having jurisdiction in the area in which the facility
is located, such as the fire marshal, health department, and building
inspector;
(4) the applicant submits a complete license application
within 30 days after receipt of all local approvals described in paragraph
(3) of this subsection;
(5) the applicant pays in full the license fees required
by §553.47 of this subchapter (relating to License Fees);
(6) the applicant, or a person who is a controlling
person and an owner of the applicant, has constructed another facility
in this state that complies with applicable NFPA 101 and physical
plant requirements in Subchapter D of this chapter, and, as applicable, §553.311
of this chapter; and
(7) the applicant is in compliance with resident-care
standards for licensure required by Subchapter E of this chapter (relating
to Standards for Licensure) based on an on-site inspection conducted
in accordance with §553.327 of this chapter (relating to Inspections,
Investigations, and Other Visits).
(c) HHSC considers the date facility construction begins
to be the date the building construction permit for the facility was
approved by local authorities.
(d) A provisional license expires on the earlier of:
(1) the 180th day after the effective date of the provisional
license or the end of any extension period granted by HHSC; or
(2) the date a three-year license is issued to the
provisional license holder.
(e) HHSC conducts an NFPA 101 and physical plant inspection
of a facility as soon as reasonably possible after HHSC issues a provisional
license to the facility.
(f) After conducting an NFPA 101 and physical plant
inspection, HHSC issues a license in accordance with Texas Health
and Safety Code §247.023 to the provisional license holder if
the facility passes the inspection and the applicant meets all requirements
for a license.
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