Current through Reg. 49, No. 38; September 20, 2024
(a) General.
(1) The receipt date for an application for
an initial license or a renewal license is the date the application is received
by the Facility Licensing Group, Department of State Health Services
(department).
(2) An application
for an initial license is complete when the department has received, reviewed,
and found acceptable the information described in §133.22(a) - (b) of this
title (relating to Application and Issuance of Initial License).
(3) An application for a renewal license is
complete when the department has received, reviewed, and found acceptable the
information described in §
133.23(b)
of this title (relating to Application and Issuance of Renewal
License).
(b) Time
periods. An application for a hospital initial license or renewal license shall
be processed in accordance with the following time periods.
(1) The first time period begins on the date
the department receives the application and ends on the date the hospital
license is issued, or, if the application is received incomplete, the period
ends on the date the hospital is issued a written notice that the application
is incomplete. The written notice shall describe the specific information that
is required before the application is considered complete. The first time
period is 20 working days.
(2) The
second time period begins on the date the department receives the last item
necessary to complete the application and ends on the date the hospital license
is issued. The second time period is 20 working days.
(c) Reimbursement of fees.
(1) In the event the application is not
processed in the time periods as stated in subsection (b) of this section, the
applicant has the right to request the department to reimburse in full the fee
paid in that particular application process. If the department does not agree
that the established periods have been violated or finds that good cause
existed for exceeding the established periods, the request shall be
denied.
(2) Good cause for
exceeding the period established is considered to exist if:
(A) the number of applications for licenses
to be processed exceeds by 15% or more the number processed in the same
calendar quarter the preceding year;
(B) another public or private entity utilized
in the application process caused the delay; or
(C) other conditions existed which gave good
cause for exceeding the established periods.
(d) Appeal. If the request for full
reimbursement authorized by subsection (c) of this section is denied, the
applicant may then appeal to the commissioner of state health services
(commissioner) for a resolution of the dispute. The applicant shall give
written notice to the commissioner requesting full reimbursement of all filing
fees paid because the application was not processed within the adopted time
period. The department 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 commissioner shall make the final decision and provide
written notification of the decision to the applicant and the
department.
