26 Tex. Admin. Code § 511.16 - Time Periods for Processing and Issuing Limited Services Rural Hospital Licenses
(a) The application
receipt date for an initial license or a renewal license is the date the Texas
Health and Human Services Commission (HHSC) receives the application and
fee.
(b) An initial license
application is complete when HHSC receives, reviews, and finds acceptable the
information described in §
511.12(a) - (b)
of this subchapter (relating to Application and Issuance of Initial
License).
(c) A renewal license
application is complete when HHSC receives, reviews, and finds acceptable the
information described in §
511.13(b) of
this subchapter (relating to Application and Issuance of Renewal
License).
(d) HHSC shall process a
limited services rural hospital (LSRH) initial or renewal license in accordance
with the following time periods.
(1) The first
time period begins on the date HHSC receives the application and supporting
documents and ends on the date HHSC issues the LSRH license. If HHSC receives
an incomplete application, the time period ends on the date HHSC issues a
written notice to the applicant that the application is incomplete. The written
notice shall describe the specific documents or information required to
complete the application. The first time period is 45 calendar days.
(2) For incomplete applications, the second
time period begins on the date HHSC determines the application is complete and
ends on the date HHSC issues the LSRH license. The second time period is 45
calendar days.
(e) If the
application is not processed in the time periods as stated in subsection (d) of
this section, the applicant has the right to request HHSC to fully reimburse
the fee paid in that particular application process. If HHSC does not agree the
established periods have been violated or finds good cause existed for
exceeding the established periods, HHSC shall deny the request.
(f) The following circumstances are good
cause for HHSC exceeding the established time period:
(1) the number of applications for licenses
exceeds by 15 percent or more the number processed in the same calendar quarter
the preceding year;
(2) another
public or private entity utilized in the application process caused the delay;
or
(3) other conditions existed
which gave good cause for exceeding the established time periods.
(g) If HHSC denies the request for
full reimbursement authorized by subsection (e) of this section, the applicant
may then appeal to the HHSC executive commissioner for a resolution of the
dispute. The applicant shall give written notice to the executive commissioner
requesting full reimbursement of all filing fees paid because HHSC did not
process the application within the adopted time period. HHSC shall submit a
written report of the facts related to the processing of the application and
good cause for exceeding the established time periods. The executive
commissioner shall make the final decision and provide written notification of
the decision to the applicant and HHSC.
Notes
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