| (a) An agency must not transfer a license from one
location to another without prior notice to HHSC. If an agency is
considering relocation, the agency must submit written notice to HHSC
to report a change in physical location at least 30 days before the
intended relocation, unless HHSC grants the agency an exemption from
the 30-day time frame as specified in subsection (b) of this section.
A change in physical location for a hospice inpatient unit requires
HHSC to conduct a survey to approve the new location.
(b) An agency must notify HHSC immediately if an unexpected
situation beyond the agency's control makes it impossible for the
agency to submit written notice to HHSC no later than 30 days before
the agency relocates. HHSC grants or denies the exemption.
(1) If HHSC grants the exemption, the agency must submit
written notice to HHSC as described in subsection (c) of this section
within 30 days after the date HHSC grants the exemption.
(2) If HHSC denies the exemption, the agency may not
relocate until at least 30 days after the agency submits the written
notice to HHSC, as described in subsection (c) of this section.
(c) An agency must report a change in physical location
to HHSC in accordance with §558.208 of this division (relating
to Reporting Changes in Application Information and Fees).
(d) If an agency reports a change in physical location,
the agency must pay a fee and may be subject to a late fee, as described
in §558.208 of this division.
(e) HHSC sends the agency a Notification of Change
reflecting the new location. The agency must post the Notification
of Change beside its license in accordance with §558.211 of this
division (relating to Display of License).
(f) A Medicare certified home health and hospice agency
must comply with applicable federal laws and regulations and the requirements
of this section for reporting an agency relocation. A change in physical
location for a Medicare-certified agency requires HHSC review.
(g) An agency is exempt from the requirements in subsections
(a) - (d) of this section when reporting a temporary relocation that
results from the effects of an emergency or disaster, as specified
in §558.256(o) of this subchapter (relating to Emergency Preparedness
Planning and Implementation).
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| Source Note: The provisions of this §558.213 adopted to be effective February 1, 2002, 26 TexReg 9159; amended to be effective June 1, 2006, 31 TexReg 1455; amended to be effective July 1, 2012, 37 TexReg 4613; transferred effective May 1, 2019, as published in the April 12, 2019, issue of the Texas Register, 44 TexReg 1893; amended to be effective April 25, 2021, 46 TexReg 2427 |
