| (a) All first-time applications for licensing are applications
for an initial license, including applications from unlicensed operational
facilities and licensed facilities for which a change of ownership
or relocation is anticipated.
(b) The applicant shall submit the completed application,
the information required in subsection (d) of this section, and the
nonrefundable license fee to the Texas Health and Human Services Commission
(HHSC) 90 days before the projected opening date of the facility.
(c) The applicant shall disclose to HHSC, if applicable:
(1) the name, address, and social security number of
the owner or sole proprietor, if the owner of the facility is a sole
proprietor;
(2) the name, address, and social security number of
each general partner who is an individual, if the facility is a partnership;
(3) the name, address, and social security number of
any individual who has an ownership interest of more than 25 percent
in the corporation, if the facility is a corporation;
(4) the name, medical license number, and medical license
expiration date of any physician licensed by the Texas Medical Board
who has a financial interest in the facility or in any entity that
has an ownership interest in the facility;
(5) the name, medical license number, and medical license
expiration date of the medical chief of staff;
(6) the name, nursing license number, and nursing license
expiration date of the director of nursing;
(7) affirmation that at least one physician licensed
in the state of Texas and at least one registered nurse licensed in
the state of Texas will be on site during all hours of operation;
(8) information concerning the applicant and the applicant's
affiliates and managers, as applicable:
(A) denial, suspension, probation, or revocation of
a facility license in any state or any other enforcement action, such
as court civil or criminal action in any state;
(B) surrendering a license before expiration of the
license or allowing a license to expire in lieu of HHSC proceeding
with enforcement action;
(C) federal or state (any state) criminal felony arrests
or convictions;
(D) Medicare or Medicaid sanctions or penalties relating
to operation of a health care facility or home and community support
services agency;
(E) operation of a health care facility or home and
community support services agency that has been decertified or terminated
from participation in any state under Medicare or Medicaid; or
(F) debarment, exclusion, or contract cancellation
in any state from Medicare or Medicaid;
(9) for the two-year period preceding the application
date, information concerning the applicant and the applicant's affiliates
and managers, as applicable:
(A) federal or state (any state) criminal misdemeanor
arrests or convictions;
(B) federal, state (any state), or local tax liens;
(C) unsatisfied final judgments;
(D) eviction involving any property or space used as
a health care facility in any state;
(E) injunctive orders from any court; or
(F) unresolved final federal or state (any state) Medicare
or Medicaid audit exceptions;
(10) the number of emergency treatment stations;
(11) a copy of the facility's patient transfer policy
and procedure for the immediate transfer to a hospital of patients
requiring emergency care beyond the capabilities of the facility developed
in accordance with §509.65 of this chapter (relating to Patient
Transfer Policy) and signed by the chairman and the secretary of the
governing body that attests the date the policy was adopted by the
governing body and its effective date;
(12) a copy of the facility's memorandum of transfer
form, which contains at a minimum the information described in §509.65
of this chapter;
(13) a copy of a written agreement the facility has
with a hospital, which provides for the prompt transfer to and the
admission by the hospital of any patient when services are needed
but are unavailable or beyond the capabilities of the facility in
accordance with §509.66 of this chapter (relating to Patient
Transfer Agreements); and
(14) a copy of a passing fire inspection report indicating
approval by the local fire authority in whose jurisdiction the facility
is based that is dated no earlier than one year before the opening
date of the facility.
(d) The address provided on the application shall be
the physical location at which the facility is or will be operating.
(e) Upon receipt of the application, HHSC shall review
the application to determine whether it is complete. If HHSC determines
that the application is not complete, HHSC shall notify the facility
in writing.
(f) The applicant or the applicant's representative
shall attend a prelicensure conference at the office designated by
HHSC. HHSC may waive the prelicensure conference requirement.
(g) After the facility has participated in a prelicensure
conference or the prelicensure conference has been waived at HHSC's
discretion, the facility has received an approved architectural inspection
conducted by HHSC, and HHSC has determined the facility is in compliance
with subsections (c) - (e) of this section, HHSC shall issue a license
to the facility to provide freestanding emergency medical care services
in accordance with this chapter.
(h) The license shall be effective on the date the
facility is determined to be in compliance with subsections (c) -
(g) of this section.
(i) The license expires on the last day of the 24th
month after issuance.
(j) If an applicant decides not to continue the application
process for a license, the applicant may withdraw its application.
The applicant shall submit to HHSC a written request to withdraw.
HHSC shall acknowledge receipt of the request to withdraw.
(k) If the applicant does not complete all requirements
of subsections (b) - (d) and (f) of this section within six months
after the date HHSC's health care facility licensing unit receives
confirmation that HHSC received the application and payment, HHSC
will consider the application to be withdrawn. Any fee paid for a
withdrawn application is nonrefundable, as indicated by §509.30(d)
of this subchapter (relating to Fees).
(l) During the initial licensing period, HHSC shall
conduct an inspection of the facility to ascertain compliance with
the provisions of the Act and this chapter.
(1) The facility shall request HHSC conduct an on-site
inspection after the facility provides services to at least one patient.
(2) The facility shall be providing services at the
time of the inspection.
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