26 Tex. Admin. Code § 554.201 - Criteria for Licensing
(a) A person or
governmental unit, acting jointly or severally, must be licensed by DADS to
establish, conduct, or maintain a facility.
(b) An applicant for a license must submit a
complete application form and license fee to DADS.
(c) No person may apply for a probationary
license, a license, change of ownership, increase in capacity, or renewal of a
nursing facility license without making a disclosure of information as required
in this section.
(d) An applicant
for a license must affirmatively show that:
(1) the applicant or license holder has the
ability to comply with:
(A) minimum standards
of medical care, nursing care and financial condition; and
(B) any other applicable state or federal
standard;
(2) the
facility meets the standards of the Life Safety Code;
(3) the facility meets the construction
standards in Subchapter D of this chapter (relating to Facility Construction);
and
(4) the facility meets the
standards for operation based on an on-site survey.
(e) Before issuing a license, DADS considers
the background and qualifications of:
(1) the
applicant or license holder;
(2) a
partner, officer, director, or managing employee of the applicant or license
holder;
(3) a person who owns or
who controls the owner of the physical plant of a facility in which the nursing
facility operates or is to operate; and
(4) a controlling person with respect to the
nursing facility for which a license or license renewal is requested.
(f) An applicant or license holder
must submit to DADS a sworn affidavit of a satisfactory compliance history and
any other information required by DADS to substantiate a satisfactory
compliance history in each state or other jurisdiction for any time period
during which persons described in subsection (e) of this section operated a
long-term care facility. For purposes of the sworn affidavit of a satisfactory
compliance history, the applicant will be considered to have complied with the
submission requirement (but not necessarily be entitled to a license) if the
applicant swears or affirms that all the information disclosed in the
application concerning previous state and federal nursing facility sanctions
and penalties and related information are true and correct. The affidavit of
compliance history is contained in DADS application form.
(g) A license is issued if, after inspection
and investigation, DADS finds that the persons described in subsection (e) of
this section meet all requirements of this chapter. Except as provided in
§
554.205 of this subchapter
(relating to Probationary License) and §
554.208(b)(2) of
this subchapter (relating to Renewal Procedures and Qualifications), the
license is valid for three years. Each license specifies the maximum allowable
number of residents. The number of residents authorized by the license must not
be exceeded.
(h) In making a
determination whether to grant a nursing facility license, DADS reviews:
(1) the information contained in the
application;
(2) the criminal
history information of the persons described in subsection (e) of this section;
and
(3) other documents DADS deems
relevant, including survey and complaint investigation findings in each
facility with which the applicant or any other person named in subsection (e)
of this section has been affiliated at any time.
Notes
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