26 Tex. Admin. Code § 553.29 - Alzheimer's Certification of a Type B Facility for an Initial License Applicant in Good Standing
(a) An applicant
may request that HHSC, before conducting an on-site health inspection, issue an
initial license for a Type B facility and an Alzheimer's certification for the
facility or a distinct unit of the facility. The applicant must meet the
requirements of §
553.25 of this subchapter
(relating to Initial License for a Type A or Type B Facility for an Applicant
in Good Standing) for the initial license and the requirements of this section
for certification of the facility or unit.
(b) An applicant must request certification
by submitting forms prescribed by HHSC via the online portal and include full
payment of applicable fees described in §
553.47 of this subchapter
(relating to License Fees).
(c) An
applicant that makes a request in accordance with subsection (a) of this
section is not required to admit a resident to the facility or unit or have the
on-site health inspection described in §
553.23(f) of
this subchapter (relating to Initial License Application Procedures and
Requirements) before HHSC certifies the facility or unit if HHSC determines
that the applicant is in good standing:
(1)
for the issuance of an initial license of the facility in accordance with
§
553.25(c) of
this subchapter; and
(2) for
certification of the facility or unit in accordance with subsection (d) of this
section.
(d) An
applicant is in good standing to obtain certification of a facility or unit if:
(1) for at least six consecutive years before
applying for certification:
(A) the applicant
has been:
(i) the license holder for an
Alzheimer's certified facility in Texas or a facility in Texas that has an
Alzheimer's certified unit; or
(ii)
a controlling person of the license holder for an Alzheimer's certified
facility in Texas or a facility in Texas that has an Alzheimer's certified
unit; or
(B) a
controlling person of the applicant has been:
(i) the license holder for an Alzheimer's
certified facility in Texas or a facility in Texas that has an Alzheimer's
certified unit; or
(ii) a
controlling person of the license holder for an Alzheimer's certified facility
in Texas or a facility in Texas that has an Alzheimer's certified
unit;
(2) each
licensed facility operated by the applicant or the controlling person has not
had a violation or sanction described in §
553.25(c)(2) of
this subchapter; and
(3) each
licensed facility operated by the applicant or the controlling person has had
no more than two violations listed in §
553.267(a) of
this chapter (relating to Rights) during the six-year period immediately before
the applicant applied for certification.
(e) For purposes of subsection (d)(3) of this
section, a facility has a violation if:
(1)
the applicant or controlling person operating the facility did not challenge
the violation;
(2) a final
determination on the violation is pending;or
(3) the violation was
upheld.
(f) An applicant
that makes a request in accordance with subsection (a) of this section must
submit to HHSC for approval via the online portal:
(1) the applicant's policies and procedures
required by Subchapter F of this chapter (relating to Additional Licensing
Standards for Certified Alzheimer's Assisted Living Facilities); and
(2) documentation demonstrating that the
applicant is complying with Subchapter F of this chapter and §
553.257(b) of
this chapter (relating to Human Resources).
(g) HHSC certifies a facility or unit after
an applicant makes a request in accordance with subsection (a) of this section
if HHSC determines that the applicant:
(1)
meets the good standing requirements described in §
553.25(c) of
this subchapter and subsection (d) of this section;
(2) has submitted information in accordance
with subsection (f) of this section; and
(h) HHSC conducts an on-site
health inspection to determine if the facility or unit meets the requirements
of Subchapter F of this chapter within 90 days after the date HHSC certifies a
facility or unit in accordance with subsection (g) of this section. During each
on-site health inspection, HHSC observes the provision of care to at least one
resident who has been admitted to the facility or unit.
(i) Until a facility or unit that is issued a
certification under this section meets the requirements of the on-site health
inspection described in subsection (h) of this section, the facility must
attach a written addendum to the disclosure statement required by §
553.307(a) of
this chapter (relating to Admission Procedures, Assessment, and Service Plan)
to notify a resident or a prospective resident that the facility or unit has
not met the requirements of the on-site health inspection. At a minimum, the
addendum must state that:
(1) the facility or
unit has not met the requirements of an initial on-site health inspection for
Alzheimer's certification; and
(2)
HHSC conducts an on-site health inspection for Alzheimer's certification within
90 days after the date of certification.
(j) To obtain certification of a unit in a
Type B facility that is already licensed, a license holder must comply with
§
553.27 of this
subchapter.
Notes
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