| (a) An application is complete when all requirements
for licensing have been met, including compliance with standards.
If an inspection for compliance is required, the application is not
complete until the inspection has occurred, reports are reviewed,
and the applicant complies with the standards.
(b) If the application is submitted through the online
portal by the filing deadline, the application is considered to be
timely filed.
(c) The Texas Health and Human Services Commission
(HHSC) notifies applicants within 30 days of receipt of the application
if any of the following applications are incomplete: initial application,
change of ownership, renewal, and increase in capacity.
(d) A license is issued or denied within 30 days of
the receipt of a complete application or within 30 days before the
expiration date of the license. HHSC may delay action on an application
for renewal of a license for up to six months if the facility is subject
to a proposed or pending licensure termination action on or within
30 days before the expiration date of the license. The issuance of
the license constitutes HHSC's official written notice to the facility
of the acceptance and filing of the application.
(e) Reimbursement of fees.
(1) In the event the application is not processed in
the time periods as stated, the applicant has a right to request of
the program director full reimbursement of all filing fees paid in
that particular application process. If the program director does
not agree the established periods have been violated or finds good
cause existed for exceeding the established periods, the request will
be denied. Good cause for exceeding the period established is considered
to exist if:
(A) the number of applications to be processed exceeds
by 15 percent or more the number processed in the same calendar quarter
of the preceding year;
(B) another public or private entity used in the application
process caused the delay; or
(C) other conditions existed giving good cause for
exceeding the established periods.
(2) If the request for full reimbursement is denied,
the applicant may appeal directly to the Commissioner of HHSC for
resolution of the dispute. The applicant must send a written statement
to the Commissioner that describes the request for reimbursement and
the reasons for it. The program also may send a written statement
to the Commissioner that describes the program's reasons for denying
reimbursement. The Commissioner makes a timely decision concerning
the appeal and notifies the applicant and the program in writing of
the decision.
|
| Source Note: The provisions of this §551.21 adopted to be effective April 1, 2002, 27 TexReg 2250; 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 |
