| (a) Local fire authority. All applications for licensure
must include the written approval of the local fire authority having
jurisdiction that the facility and its operation meet local fire ordinances.
(b) Local health authority. The following procedures
allow the local health authority to provide recommendations to HHSC
concerning licensure of a facility.
(1) New facility. The sponsor of a new facility under
construction or a previously unlicensed facility must provide to HHSC
a copy of a dated written notice to the local health authority that
construction or modification has been or will be completed by a specific
date. The sponsor must also provide a copy of a dated written notice
of the approval for occupancy by the local fire marshal or local building
code authority, if applicable. The local health authority may provide
recommendations to HHSC regarding the status of compliance with local
codes, ordinances, or regulations. An application for a new facility
that was not included in the plan approved under Texas Health and
Safety Code §533A.062 (relating to Plan on Long-Term Care for
Persons with an Intellectual Disability) will not be approved by HHSC,
as outlined under §551.14 of this subchapter (relating to Increase
in Capacity).
(2) Increase in capacity. The license holder must submit
an application through the online portal for an increase in capacity
from HHSC. The license holder must arrange for and have the inspection
of the facility completed by the local fire marshal before the application
is submitted. Upon completion of the inspection, the license holder
must notify the local health authority and HHSC by uploading the letter
with the application through the online portal if the facility meets
local code requirements. HHSC approves the application only if the
facility is found to be in compliance with the standards. Approval
to occupy the increased capacity, which cannot exceed six total residents,
may be granted by HHSC prior to the issuance of the license covering
the increased capacity after inspection by HHSC if standards are met.
An application for an increase in capacity that was not included in
the plan approved under Texas Health and Safety Code §533A.062
(relating to Plan on Long-Term Care for Persons with an Intellectual
Disability) will not be approved by HHSC, as outlined under §551.14
of this subchapter (Relating to Increase in Capacity).
(3) Change of ownership. The applicant for a change
of ownership license must provide to HHSC a copy of a letter notifying
the local health authority of the request for a change of ownership
by uploading the letter into the change of ownership application through
the online portal.
(4) Renewal. HHSC sends the local health authority
a copy of HHSC's license renewal notice specifying the expiration
date of the facility's current license. The local health authority
may provide recommendations to HHSC regarding the status of compliance
with local codes, ordinances, or regulations. The local authority
may also recommend that a state license be issued or denied; however,
the final decision on licensure status remains with HHSC.
(5) Relocation. Prior to relocation of a facility,
a program provider must receive HHSC approval of a facility relocation
by following the application process through the online portal. If
HHSC approves the application for relocation, HHSC will initiate licensure
and certification action of the relocated facility. The facility must
provide a copy of the letter notifying the local health authority
of a change in location.
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| Source Note: The provisions of this §551.12 adopted to be effective August 31, 1993, 18 TexReg 2557; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective May 1, 1995, 20 TexReg 1659; amended to be effective July 1, 1996, 21 TexReg 5328; amended to be effective May 1, 1998, 23 TexReg 4060; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787 |
