26 Tex. Admin. Code § 511.12 - Application and Issuance of Initial License
(a) An applicant
who meets the definition of a qualified rural hospital under §
511.2(47) of
this chapter (relating to Definitions) and is seeking a limited services rural
hospital (LSRH) license shall submit the following documents to the Texas
Health and Human Services Commission (HHSC) within 60 calendar days before the
projected opening date of the LSRH:
(1) an
accurate and complete application form;
(2) a copy of the LSRH's patient transfer
policy, developed in accordance with §
511.65 of this chapter (relating
to Patient Transfer Policy) and signed by both the chairman and secretary of
the LSRH's governing body attesting to the date the governing body adopted the
policy and the policy's effective date;
(3) a copy of the LSRH's memorandum of
transfer form that contains at least the information described in §
511.65 of this chapter;
(4) a copy of a patient transfer agreement
entered into between the LSRH and at least one hospital certified by the
Centers for Medicare & Medicaid Services that is designated as a level I or
level II trauma center in accordance with §
511.66 of this chapter (relating
to Patient Transfer Agreements);
(5) a copy of a fire inspection approved by
an individual certified by the Texas Commission on Fire Protection that is
dated no earlier than one year before the application submission date;
and
(6) the appropriate license fee
as required in §
511.17 of this subchapter
(relating to Fees).
(b)
In addition to the document submittal requirements in subsection (a) of this
section, the applicant must complete the following before HHSC will issue an
LSRH license.
(1) When HHSC requires an
architectural inspection, per HHSC instructions, submit written approval from
HHSC confirming compliance with Subchapters F and G of this chapter (relating
to Fire Prevention and Safety and Physical Plant and Construction Requirements,
respectively).
(A) HHSC requires an
architectural inspection when a qualifying rural hospital that has closed
subsequently applies for an LSRH license.
(B) A hospital applying for an LSRH license
after being closed for 90 days or fewer shall inform HHSC of the entity
maintaining the facility during the closure period, if any, and provide
maintenance and facility condition documentation, such as logbooks and
photographs. HHSC may waive the architectural inspection if HHSC determines the
documentation indicates an acceptable maintenance history and facility
condition.
(C) HHSC may waive the
architectural inspection for a currently operating qualifying rural hospital
that applies for an LSRH license.
(2) If the applicant intends to add on any
new services as an LSRH that the applicant did not offer while licensed as a
general or special hospital, the applicant must comply with Subchapter G of
this chapter as applicable.
(3) The
applicant or the applicant's representative shall attend a prelicensure
conference conducted by HHSC. HHSC may waive the prelicensure conference
requirement at its discretion.
(c) Subject to subsection (g) of this
section, when HHSC determines the applicant has complied with subsections (a)
and (b) of this section, HHSC shall issue the LSRH license to the applicant.
(1) The license is effective on the issue
date.
(2) The license expires on
the last day of the month two years after the issue date.
(d) If an applicant decides not to continue
the application process for a license, the applicant may withdraw the
application. The applicant shall submit a written withdrawal request to HHSC.
HHSC shall acknowledge receipt of the application withdrawal request.
(e) If the applicant does not complete all
requirements of subsections (a) and (b) of this section within six months after
the date HHSC receives the application and payment, HHSC may deny the
application.
(f) Any fee paid for a
withdrawn application under subsection (d) or (e) of this section is
nonrefundable, as indicated by §
511.17(a) of
this subchapter.
(g) Denial of a
license shall be governed by §
511.121 of this chapter (relating
to Enforcement).
(h) Once the LSRH
is operational and providing services, HHSC shall conduct an inspection of the
LSRH to ascertain compliance with the provisions of Texas Health and Safety
Code Chapter 241 to the extent it does not conflict with Subchapter K and this
chapter. This inspection may be conducted at the same time as the inspection to
determine compliance with Code of Federal Regulations Title 42, Part 482
(relating to Conditions of Participation for Hospitals).
(i) An LSRH seeking relocation shall comply
with all requirements of this section, except the prelicensure conference
required under subsection (b)(3) of this section. An initial license for the
relocated facility is effective on the issue date. The previous license is void
on the date the previous location closes. The facility must notify HHSC once
the previous location has closed.
Notes
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