26 Tex. Admin. Code § 510.22 - Application and Issuance of Initial License
(a) Application submittal. The applicant
shall submit the following documents to the Texas Health and Human Services
Commission (HHSC) no earlier than 60 calendar days prior to the projected
opening date of the facility:
(1) an accurate
and complete application form;
(2)
a copy of the facility's patient transfer policy which is developed in
accordance with §
510.43 of this chapter (relating
to Patient Transfer Policy) and is signed by both the chairman and secretary of
the governing body attesting to the date the policy was adopted by the
governing body and the effective date of the policy;
(3) a copy of the facility's memorandum of
transfer form which contains at a minimum the information described in §
510.43(d)(10)(B)
of this chapter;
(4) for existing
facilities, a copy of a fire safety inspection indicating approval by the local
fire authority in whose jurisdiction the facility is based that is dated no
earlier than one year prior to the opening date. For new construction,
additions, and renovation projects, written approval by the local building
department and local fire authority shall be submitted at the time of the final
construction field survey by HHSC;
(5) documentation of accreditation by an
accrediting organization approved by the Centers for Medicare & Medicaid
Services, if applicable;
(6) the
appropriate license fee as required in §
510.26 of this subchapter
(relating to Fees);
(7) if the
applicant is a sole proprietor, partnership with individuals as a partner, or a
corporation in which an individual has an ownership interest of at least 25
percent of the business entity, the names and social security numbers of the
individuals; and
(8) a multiple
hospital location application form for multiple hospitals to be licensed under
a single license number, if applicable.
(b) Additional documentation for new
facilities or conversions from non-facility buildings. In addition to the
document submittal requirements in subsection (a) of this section, an applicant
shall complete the following prior to the issuance of a license.
(1) The applicant shall submit preliminary
and final architectural plans and specifications for review and approval by
HHSC in accordance with Subchapter G of this chapter (relating to Physical
Plant and Construction Requirements).
(2) For new construction, HHSC shall conduct
field surveys in accordance with Subchapter G of this chapter to determine that
the facility was constructed or remodeled in accordance with this
chapter.
(3) When an applicant
intends to reopen and license a building formerly licensed as a hospital or
crisis stabilization unit, HHSC shall conduct an on-site field survey in
accordance with Subchapter G of this chapter to determine compliance with
applicable construction and fire safety requirements.
(4) The applicant shall pay all plan review
and construction field survey fees to HHSC.
(5) The applicant shall obtain a certificate
of occupancy approved by the local fire authority, and issued by the city
building inspector, if applicable, and submit a copy to HHSC.
(6) The applicant shall submit a complete and
accurate Final Construction Approval form signed by facility administration to
HHSC.
(c) Prelicensure
conference. The applicant or the applicant's representative shall attend a
prelicensure conference at the office designated by HHSC. The purpose of the
prelicensure conference that HHSC staff conducts is to review licensure rules
and inspection documents and provide consultation before the on-site licensure
inspection. HHSC may waive the prelicensure conference requirement.
(d) Issuance of license. When HHSC determines
the facility has complied with subsections (a)-(c) of this section, HHSC shall
issue the license to the applicant.
(1)
Effective date. The license shall be effective on the date the facility is
determined to be compliant with subsections (a)-(c) of this section. The
effective date shall not be before the date of the final construction field
survey conducted by HHSC.
(2)
Expiration date. For initial licenses issued:
(A) If the effective date of the license is
the first day of a month, the license expires on the last day of the 23rd month
after issuance.
(B) If the
effective date of the license is the second or any subsequent day of a month,
the license expires on the last day of the 24th month after issuance.
(e) Withdrawal of
application. If an applicant decides not to continue the application process
for a license or renewal of a license, the applicant may withdraw the
application. HHSC shall acknowledge receipt of the request to
withdraw.
(f) Denial of a license.
Denial of a license shall be governed by §
510.87 of this chapter (relating
to Enforcement).
(g) Inspection.
During the initial licensing period, HHSC shall conduct an inspection of the
facility to ascertain compliance with the provisions of Texas Health and Safety
Code Chapter 577 and this chapter.
(1) A
facility shall request HHSC conduct an on-site inspection after the facility
has admitted and provided services to one inpatient.
(2) A facility shall be providing services to
at least one inpatient in the facility at the time of the inspection.
(3) If a hospital has applied to participate
in the federal Medicare program, HHSC may conduct the inspection in conjunction
with the licensing inspection to determine compliance with Code of Federal
Regulations Title 42 Part 482.
Notes
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