(a)An agency must not transfer a license from one location to another without prior notice [notification] to DADS. If an agency is considering relocation, the agency must submit written notice to DADS to report a change in physical location at least [notify DADS] 30 days before the intended relocation unless DADS grants the agency an exemption from the 30-day time frame as specified in subsection (b) of this section. A change in physical location for a hospice inpatient unit requires DADS to conduct a survey to approve the new location. [DADS provides written notification to the agency amending the license to reflect the new location.] (b)An agency must notify DADS immediately if an unexpected situation beyond the agency's control makes it impossible for the agency to submit written notice to DADS no later than 30 days before the agency relocates. DADS grants or denies the exemption. (1)If DADS grants the exemption, the agency must submit written notice to DADS as described in subsection (c) of this section within 30 days after the date DADS grants the exemption. (2)If DADS denies the exemption, the agency may not relocate until at least 30 days after the agency submits the written notice to DADS as described in subsection (c) of this section. (c)An agency must use the Home and Community Support Services Agency License Application, (DADS Form 2021), to submit the written notice and follow the instructions on the DADS website for reporting a change in physical location. (d)If an agency reports a change in physical location, the agency must pay a fee and may be subject to a late fee, as described in §97.208 of this subchapter (relating to Reporting Changes in Application Information and Fees). (e)DADS sends the agency a Notification of Change reflecting the new location. The agency must post the Notification of Change beside its license in accordance with §97.211 of this subchapter (relating to Display of License). (f)A Medicare certified home health and hospice agency must comply with applicable federal laws and regulations and the requirements of this section for reporting an agency relocation. A change in physical location for a Medicare-certified agency requires DADS review. (g)An agency is exempt from the requirements in subsections (a) - (d) of this section when reporting a temporary relocation that results from the effects of an emergency or disaster, as specified in §97.256(o) of this subchapter (relating to Emergency Preparedness Planning and Implementation). [(b)If a branch office or an alternate delivery site affiliates with a different parent agency, the branch office or alternate delivery site must submit an initial application for the branch office or alternate delivery site in accordance with §97.27 of this chapter (relating to Application and Issuance of a Branch Office License) and §97.29 of this chapter (relating to Application and Issuance of an Alternate Delivery Site License), as appropriate, and be approved for the initial license.]
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed
with the Office of the Secretary of State on April 2, 2012
TRD-201201694 Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: May 13, 2012
For further information, please call: (512) 438-3734
|
