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RULE §554.212Time Periods for Processing License Applications

(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.

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

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