| (a) An applicant must complete the HHSC pre-licensure
training course before submitting an application for an initial license.
An applicant that is currently licensed under Texas Health and Safety
Code, Chapter 247 is exempt from this requirement.
(b) An applicant for an initial license must submit
an application in accordance with §553.19 of this subchapter
(relating to General Application Requirements) and include full payment
of the fees required in §553.47 of this subchapter (relating
to License Fees).
(c) HHSC reviews an application for an initial 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.
(d) The applicant must notify HHSC via the online portal
indicating that the facility is ready for a Life Safety Code (LSC)
inspection. The notice must be submitted with the application or within
120 days after the HHSC Licensing and Credentialing Section, Long-term
Care Regulation receives the application. After the applicant has
satisfied the application submission requirements in §553.17
of this subchapter (relating to Criteria for Licensing) and §553.19
of this subchapter, HHSC staff conduct an on-site LSC inspection of
the facility to determine if the facility meets the applicable NFPA
101 and other physical plant requirements in Subchapter D of this
chapter (relating to Facility Construction).
(e) If the facility fails to meet the licensure requirements
within 120 days after the initial LSC inspection, HHSC denies the
application for a license.
(f) After a facility has met the licensure requirements
in Subchapter D of this chapter and has admitted at least one but
no more than three residents, the applicant must notify HHSC via the
online portal that the facility is ready for a health inspection.
(1) HHSC staff conduct an on-site health inspection
to determine if the facility meets the licensure requirements for
standards of operation and resident care in Subchapter E of this chapter
(relating to Standards for Licensure).
(2) If the facility fails to meet the licensure requirements
for standards of operation and resident care within 120 days after
the initial health inspection, HHSC denies the application for a license.
(g) HHSC issues a license within 30 days after HHSC
determines that the applicant and the facility have met the licensure
requirements of this section. The issuance of a license constitutes
HHSC's official written notice to the facility of the approval of
the application.
(h) HHSC may deny an application for an initial license
if the applicant, controlling person, or any person required to submit
background and qualification information fails to meet the criteria
for a license established in §553.17 of this subchapter.
(i) If HHSC denies an application for an initial license,
HHSC sends the applicant a written notice of the denial and informs
the applicant of the applicant's right to request an administrative
hearing to appeal the denial. The administrative hearing is held in
accordance with Texas Health and Human Services Commission rules at
Texas Administrative Code, Title 1, Part 15, Chapter 357, Subchapter
I (relating to Hearings Under the Administrative Procedure Act).
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