|(a) HHSC may issue a six-month provisional license
in the case of a corporate change of ownership.
(b) HHSC must issue a six-month provisional license
for a newly constructed facility without conducting an NFPA 101 inspection
(1) an applicant makes a request in writing for a provisional
(2) the applicant submits working drawings and specifications
to HHSC for review in accordance with §92.64 of this chapter
(relating to Plans, Approvals, and Construction Procedures) 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
(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 the license fee required by
§92.4 of this chapter (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 the NFPA 101; and
(7) the applicant is in compliance with resident-care
standards for licensure required by Subchapter C of this chapter
(relating to Standards for Licensure) based on an on-site inspection
conducted in accordance with §92.81 of this chapter (relating
to Inspections and Surveys).
(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 inspection of a facility
as soon as reasonably possible after HHSC issues a provisional license
to the facility.
(f) After conducting an NFPA 101 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.
|Source Note: The provisions of this §553.20 adopted to be effective January 15, 2009, 34 TexReg 240; amended to be effective June 1, 2010, 35 TexReg 4471; amended to be effective November 5, 2014, 39 TexReg 8599; amended to be effective October 29, 2018, 43 TexReg 7205; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1886