(a) The Health and Human Services Commission (HHSC)
will process only applications received within 60 days prior to the
requested date of the issuance of the license.
(b) An application is complete when all requirements
for licensing have been met, including compliance with standards.
If an inspection for compliance is required, the application is not
complete until the inspection has occurred, reports have been reviewed,
and the applicant complies with the standards.
(c) If the application is postmarked by the filing
deadline and received by HHSC within 15 days of the postmark, the
application is considered to be timely filed.
(d) HHSC notifies a facility within 30 days of receipt
of the application if any of the following applications are incomplete:
(1) initial application;
(2) change of ownership;
(3) renewal; and
(4) increase in capacity.
(e) A license will be issued or denied within 30 days
of the receipt of a complete application or within 30 days prior to
the expiration date of the license.
(f) HHSC may pend action for up to six months on an
application:
(1) of any type listed in subsection (d) of this section
to give an applicant time to comply with licensure requirements imposed
by HHSC; or
(2) for renewal of the license if the facility is subject
to a proposed denial or pending licensure revocation action.
(g) Criteria for reimbursement of fees are as follows.
(1) In the event the application is not processed in
the time periods as stated, the applicant has a right to request of
the program director full reimbursement of all filing fees paid in
that particular application process. If the program director does
not agree that the established periods have been violated or finds
that good cause existed for exceeding the established periods, the
request will be denied. Good cause for exceeding the period established
is considered to exist if:
(A) the number of applications to be processed exceeds
by 15% or more the number processed in the same calendar quarter
of the preceding year;
(B) another public or private entity used in the application
process caused the delay; or
(C) other conditions existed giving good cause for
exceeding the established periods.
(2) If the request for full reimbursement is denied,
the applicant may appeal directly to the executive commissioner for
resolution of the dispute. The applicant must send a written statement
to the executive commissioner describing the request for reimbursement
and the reasons for it. The program also may send a written statement
to the executive commissioner describing the program's reasons for
denying reimbursement. The executive commissioner makes a timely decision
concerning the appeal and notifies the applicant and the program
in writing of the decision.
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Source Note: The provisions of this §554.212 adopted to be effective May 1, 1995, 20 TexReg 2054; amended to be effective March 1, 1998, 23 TexReg 1314; amended to be effective February 20, 2018, 43 TexReg 900; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |