| (a) If the Texas Health and Human Services Commission
(HHSC) has reason to believe that a person or facility may be providing
emergency medical care services as defined in this chapter without
a license, HHSC will notify the person or facility in writing by certified
mail, return receipt requested. Not later than 20 calendar days after
the date the person or facility receives the notice, the person or
facility shall submit to HHSC either:
(1) an application for a license and the nonrefundable
license fee;
(2) a claim for exemption under §509.22 of this
subchapter (relating to Exemptions from Licensure); or
(3) documentation sufficient to establish that freestanding
emergency medical care services are not being provided, including
a notarized statement that freestanding emergency medical care services
are not being provided and listing the types of services that are
provided.
(b) If a person or facility submits an application
for a license, HHSC will process the application in accordance with §509.25
of this subchapter (relating to Application and Issuance of Initial
License).
(c) If the person or facility submits a claim for exemption,
HHSC shall evaluate the claim for exemption and notify the person
or facility in writing of the proposed decision within 30 calendar
days following receipt of the claim for exemption.
(d) If the person or facility submits sufficient documentation,
under subsection (a)(3) of this section, to establish that the facility
does not provide freestanding emergency medical services, HHSC shall
notify the person or facility in writing that no license is required
not later than 30 calendar days after HHSC receives the documentation.
(e) If HHSC determines the documentation submitted
under subsection (a)(3) of this section is insufficient, HHSC shall
notify the person or facility in writing not later than 30 calendar
days after HHSC received the documentation. The person or facility
shall have the opportunity to respond not later than 10 calendar days
after the date the facility receives the notice. Not later than 10
calendar days after the date HHSC receives the facility's response,
HHSC shall notify the person or facility in writing of HHSC's determination.
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