Current through Reg. 49, No. 38; September 20, 2024
(a) Application submittal. The applicant
shall submit the following documents to the Department of State Health Services
(department) no earlier than 60 calendar days prior to the projected opening
date of the hospital:
(1) an accurate and
complete application form;
(2) a
copy of the hospital's patient transfer policy which is developed in accordance
with §
133.44
of this title (relating to Hospital 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
hospital's memorandum of transfer form which contains at a minimum the
information described in §
133.44(c)(10)(B)
of this title;
(4) if the
application is for a special hospital license, a copy of a written agreement
the special hospital has entered into with a general hospital which provides
for the prompt transfer to and the admission by the general hospital of any
patient when special services are needed but are unavailable at the special
hospital. This agreement is required and is separate from any voluntary patient
transfer agreements the hospital may enter into in accordance with §
133.61
of this title (relating to Hospital Patient Transfer Agreements);
(5) copies of any patient transfer agreements
entered into between the hospital and another hospital in accordance with
§
133.61
of this title;
(6) for existing
facilities, a copy of a hospital fire safety survey indicating approval by the
local fire authority in whose jurisdiction the hospital is based that is dated
no earlier than one year prior to the hospital opening date. For new
construction, addition, and renovation projects, written approval by the local
building department and local fire authority shall be submitted during the
final construction inspection by the department;
(7) the appropriate license fee as required
in §
133.26 of this
title (relating to Fees); and
(8)
the following ownership information:
(A) the
name and social security number of the sole proprietor, if the applicant is a
sole proprietor;
(B) the name and
social security number of each general partner who is an individual, if the
applicant is a partnership;
(C) the
name and social security number of any individual who has an ownership interest
of more than 25% in the corporation, if the applicant is a corporation;
and
(D) if the applicant is a niche
hospital, the names and license numbers of any physicians licensed by the Texas
Medical Board who have a financial interest in the applicant or any entity
which has an ownership interest in the applicant.
(b) Additional documentation for
new hospitals or conversions from nonhospital buildings. In addition to the
document submittal requirements in subsection (a) of this section, the
following shall be completed prior to the issuance of a hospital license to
newly constructed hospitals or hospitals from conversions of nonhospital
buildings.
(1) Final construction documents
shall be reviewed and approved by the department in accordance with §
133.167
of this title (relating to Preparation, Submittal, Review and Approval of Plans
and Retention of Records).
(2) For
new construction, necessary intermediate inspections and final construction
inspections shall be conducted by the department in accordance with §
133.168(b)
of this title (relating to Construction, Inspections, and Approval of Project)
to determine that the hospital was constructed or remodeled in accordance with
this chapter.
(3) When an applicant
intends to reopen and relicense a building formerly licensed as a hospital, an
on-site inspection shall be conducted by the department in accordance with
§
133.168
of this title to determine compliance with applicable construction and fire
safety requirements.
(4) All plan
review and construction inspection fees shall be paid to the
department.
(5) A certificate of
occupancy approved by the local fire authority, and issued by the city building
inspector, if applicable, shall be obtained and a copy submitted to the
department.
(6) A complete and
accurate Final Construction Approval form shall be submitted to the
department.
(c)
Presurvey conference. The applicant or the applicant's representative shall
attend a presurvey conference at the office designated by the department. The
designated survey office may waive the presurvey conference
requirement.
(d) Issuance of
license. When it is determined that the hospital has complied with subsections
(a) - (c) of this section, the department shall issue the license to the
applicant.
(1) Effective date. The license
shall be effective on the date the hospital is determined to be in compliance
with subsections (a) - (c) of this section. The effective date shall not be
prior to the date of the final construction inspection conducted by the
department.
(2) Expiration date.
(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 application may be withdrawn. If a
license has been issued, the applicant shall return the license to the
department with its written request to withdraw. The department shall
acknowledge receipt of the request to withdraw.
(f) Denial of a license. Denial of a license
shall be governed by §
133.121 of
this title (relating to Enforcement Action).
(g) Inspection. During the licensing period,
the department shall conduct an inspection of the hospital to ascertain
compliance with the provisions of the Act and this chapter.
(1) If a hospital has applied to participate
in the federal Medicare program, the inspection may be conducted in conjunction
with the inspection to determine compliance with 42 Code of Federal
Regulations, Part 482 (relating to Conditions of Participation for
Hospitals).
(2) A hospital shall
have admitted and be providing services to at least one inpatient in the
hospital at the time of the inspection.
