| (a) Application submittal. The applicant shall submit
the following documents to the department no earlier than 60 calendar
days prior to the projected opening date of the facility:
(1) an accurate and complete application form;
(2) a copy of the facility's patient transfer policy
which is developed in accordance with §134.43 of this title (relating
to Patient Transfer Policy) and is signed by both the chairman and
secretary of the governing body attesting to the date the policy was
adopted by the governing body and the effective date of the policy;
(3) a copy of the facility's memorandum of transfer
form which contains at a minimum the information described in §134.43(d)(10)(B)
of this title;
(4) for existing facilities, a copy of a fire safety
survey indicating approval by the local fire authority in whose jurisdiction
the facility is based that is dated no earlier than one year prior
to the opening date. For new construction, additions, and renovation
projects, written approval by the local building department and local
fire authority shall be submitted at the time of the final construction
survey by the department;
(5) documentation of accreditation by the Joint Commission
on Accreditation of Healthcare Organizations, if applicable;
(6) the appropriate license fee as required in §134.26
of this title (relating to Fees);
(7) if the applicant is a sole proprietor, partnership
with individuals as a partner, or a corporation in which an individual
has an ownership interest of at least 25% of the business entity,
the names and social security numbers of the individuals; and
(8) a multiple hospital location application form for
multiple hospitals to be licensed under a single license number, if
applicable.
(b) Additional documentation for new facilities or
conversions from nonfacility buildings. In addition to the document
submittal requirements in subsection (a) of this section, the following
shall be completed prior to the issuance of a license.
(1) Preliminary and final architectural plans and specifications
shall be submitted for review and approval by the department in accordance
with §134.127 of this title (relating to Preparation, Submittal,
Review and Approval of Plans).
(2) For new construction, surveys shall be conducted
by the department in accordance with §134.128(b) of this title
(relating to Construction, Surveys, and Approval of Project) to determine
that the facility was constructed or remodeled in accordance with
this chapter.
(3) When an applicant intends to reopen and license
a building formerly licensed as a hospital or crisis stabilization
unit, an on-site survey shall be conducted by the department in accordance
with §134.128(b) of this title to determine compliance with applicable
construction and fire safety requirements.
(4) All plan review and construction survey fees shall
be paid to the department.
(5) A certificate of occupancy approved by the local
fire authority, and issued by the city building inspector, if applicable,
shall be obtained and a copy submitted to the department.
(6) A complete and accurate Final Construction Approval
form signed by facility administration shall be submitted to the department.
(c) Presurvey conference. The applicant or the applicants
representative shall attend a presurvey conference at the office designated
by the department. The purpose of the presurvey conference, which
is conducted by department staff, is to review licensure rules and
survey documents and provide consultation prior to the on-site licensure
survey. The department may waive the presurvey conference requirement.
(d) Issuance of license. When it is determined that
the facility has complied with subsections (a)-(c) of this section,
the department shall issue the license to the applicant.
(1) Effective date. The license shall be effective
on the date the facility is determined to be in compliance with subsections
(a)-(c) of this section. The effective date shall not be prior to
the date of the final construction survey conducted by the department.
(2) Expiration date.
(A) For initial licenses issued prior to January 1,
2005.
(i) If the effective date of the license is the first
day of a month, the license expires on the last day of the 11th month
after issuance.
(ii) If the effective date of the license is the second
or any subsequent day of a month, the license expires on the last
day of the 12th month after issuance.
(B) For initial licenses issued January 1, 2005, or
after.
(i) If the effective date of the license is the first
day of a month, the license expires on the last day of the 23rd month
after issuance.
(ii) If the effective date of the license is the second
or any subsequent day of a month, the license expires on the last
day of the 24th month after issuance.
(e) Withdrawal of application. If an applicant decides
not to continue the application process for a license or renewal
of a license, the application may be withdrawn. The department shall
acknowledge receipt of the request to withdraw.
(f) Denial of a license. Denial of a license shall
be governed by §134.83 of this title (relating to Enforcement).
(g) Survey. During the initial licensing period, the
department shall conduct a survey of the facility to ascertain compliance
with the provisions of the Health and Safety Code, Chapter 577 and
this chapter.
(1) A facility shall request an on-site survey to be
conducted after one inpatient has been admitted and provided services.
(2) A facility shall be providing services to at least
one inpatient in the facility at the time of the survey.
(3) If a hospital has applied to participate in the
federal Medicare program, the survey may be conducted in conjunction
with the licensing survey to determine compliance with 42 Code of
Federal Regulations, Part 482 (relating to Medicare Conditions of
Participation for Hospitals).
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| Source Note: The provisions of this §510.22 adopted to be effective January 1, 2004, 28 TexReg 5154; amended to be effective May 9, 2004, 29 TexReg 4159; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469 |
