| (a) HHSC reviews an application for a license within
30 days after the date HHSC Licensing and Credentialing Section, Long-term
Care Regulation, receives the application and notifies the applicant
if additional information is needed to complete the application.
(b) HHSC denies an application that remains incomplete
120 days after the date that HHSC Licensing and Credentialing Section,
Long-term Care Regulation receives the application.
(c) HHSC issues a license within 30 days after HHSC
determines that the applicant and the facility have met all licensure
requirements referenced in §553.23 of this subchapter (relating
to Initial License Application Procedures and Requirements) or §553.33
of this subchapter (relating to Renewal Procedures and Qualifications),
as applicable.
(d) If HHSC does not process an application in the
time period stated, the applicant has a right to make a request to
the program director for reimbursement of the license fees paid with
the application.
(1) If the program director does not agree that the
established time period has been violated or finds that good cause
existed for exceeding the established time period, the program director
denies the request.
(2) Good cause for exceeding the established time period
exists 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) HHSC must rely on another public or private entity
to process all or a part of the application received by HHSC, and
the delay is caused by that entity; or
(C) other conditions existed giving good cause for
exceeding the established time period.
(3) If the request for reimbursement is denied, the
applicant may appeal to the HHSC Executive Commissioner for resolution
of the dispute. The applicant must send a written statement to the
HHSC Executive Commissioner describing the request for reimbursement
and the reason for the request. The HHSC Executive Commissioner will
make a timely decision concerning the appeal and notify the applicant
in writing of the decision.
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