Current through Reg. 49, No. 38; September 20, 2024
(a) General.
(1) All fees paid to the Department of State
Health Services (department) are nonrefundable with the exception of inspection
fees for inspections that were not conducted.
(2) All fees shall be paid by check or money
order made payable to the Department of State Health Services.
(b) License fees.
(1) The fee for an initial license or a
renewal license is $39 per bed based upon the design bed capacity of the
hospital. The design bed capacity of a hospital is determined as follows.
(A) The design bed capacity is the maximum
number of patient beds that a hospital can accommodate in rooms that comply
with the requirements for patient room suites in §
133.163
of this title (relating to Spatial Requirements for New Construction) including
beds, bassinets or cribs in critical care units (including neonatal nurseries),
continuing care nursery beds, hospital-based skilled nursing units, medical
nursing units, mental health and chemical dependency nursing units, pediatric
and adolescent nursing units, obstetrical suites (including
labor/delivery/recovery/postpartum (LDRP) beds), intermediate care beds,
universal care beds, antepartum beds and postpartum beds. The design bed
capacity does not include labor/delivery/recovery (LDR) beds, newborn nursery
bassinets, or recovery beds.
(B)
The maximum design bed capacity includes beds that comply with the requirements
in §
133.163
of this title even if the beds are unoccupied or the space is used for other
purposes such as offices or storage rooms, provided such rooms can readily be
returned to patient use. All required support and service areas must be
maintained in place. For example, the removal of a nurse station in an unused
patient bedroom wing of 20 beds would effectively eliminate those 20 beds from
the design capacity. Eliminating access to the medical gas outlets and nurse
call would also remove bed(s) from the design capacity.
(C) The number of licensed beds in a
multiple-occupancy room shall be determined by the design even if the number of
beds actually placed in the room is less than the design capacity.
(2) A hospital shall submit a
license fee for each design bed added as a result of adding a multiple-location
hospital to its license. The fee is $39 per bed, regardless of the number of
months remaining in the license period.
(3) A hospital shall submit an additional
license fee with the Final Construction Approval form for each new design bed
resulting from an approved construction project. The fee is $39 per bed,
regardless of the number of months remaining in the license period. The
hospital shall also submit an additional plan review fee if the construction
cost increases to the next higher fee schedule according to subsection (c)(4)
of this section.
(4) A hospital
will not receive a refund of previously submitted fees should the hospital's
design capacity decrease as a result of an approved construction
project.
(c) Plan review
fees. This subsection outlines the fees which must accompany the application
for plan review and all proposed plans and specifications covering the
construction of new buildings or alterations to existing buildings which must
be submitted for review and approval by the department in accordance with
§
133.167
of this title (relating to Preparation, Submittal, Review and Approval of
Plans, and Retention of Records).
(1)
Construction plans will not be reviewed or approved until the required fee and
an application for plan review are received by the department.
(2) Plan review fees are based upon the
estimated construction project costs which are the total expenditures required
for a proposed project from initiation to completion, including at least the
following items.
(A) Construction project
costs shall include expenditures for physical assets such as:
(i) site acquisition;
(ii) soil tests and site
preparation;
(iii) construction and
improvements required as a result of the project;
(iv) building, structure, or office space
acquisition;
(v)
renovation;
(vi) fixed equipment;
and
(vii) energy provisions and
alternatives.
(B)
Construction project costs shall include expenditures for professional services
including:
(i) planning
consultants;
(ii) architectural
fees;
(iii) fees for cost
estimation;
(iv) legal
fees;
(v) management fees;
and
(vi) feasibility
study.
(C) Construction
project costs shall include expenditures or costs associated with financing,
excluding long-term interest, but including:
(i) financial advisor;
(ii) fund-raising expenses;
(iii) lender's or investment banker's fee;
and
(iv) interest on interim
financing.
(D)
Construction project costs shall include expenditure allowances for
contingencies including:
(i)
inflation;
(ii) inaccurate
estimates;
(iii) unforeseen
fluctuations in the money market; and
(iv) other unforeseen expenditures.
(3) Regarding
purchases, donations, gifts, transfers, and other comparable arrangements
whereby the acquisition is to be made for no consideration or at less than the
fair market value, the project cost shall be determined by the fair market
value of the item to be acquired as a result of the purchase, donation, gift,
transfer, or other comparable arrangement.
(4) The plan review fee schedule based on
cost of construction is:
(A) $100,000 or
less--$300;
(B) $100,001 to
$600,000--$850;
(C) $600,001 to
$2,000,000--$2,000;
(D) $2,000,001
to $5,000,000--$3,000;
(E)
$5,000,001 to $10,000,000--$4,000; and
(F) $10,000,001 and over--$5,000.
(5) If an estimated construction
cost cannot be established, the estimated cost shall be based on $225 per
square foot. No construction project shall be increased in size, scope, or cost
unless the appropriate fees are submitted with the proposed changes.
(d) Construction inspection fees.
A fee of $500 and an application for construction inspection for each
inspection shall be submitted to the department at least three weeks prior to
the anticipated inspection date. Construction inspections will not be conducted
until all required fees are received by the department. If additional
construction inspections of the proposed project are requested by the hospital,
the appropriate additional fees shall be submitted prior to any inspections
conducted by the staff of the department. When follow-up construction
inspections are performed to verify plans of correction, the fee shall be
submitted upon completion of the inspection.
(e) Cooperative agreement application fee.
The application fee for a cooperative agreement is $10,000. The application fee
shall be submitted with an application for a cooperative agreement and other
documents in accordance with §
133.62 of
this title (relating to Cooperative Agreements).
(f) Subscription and convenience fee. The
department is authorized to collect subscription and convenience fees, in
amounts determined by the TexasOnline Authority, to recover costs associated
with application and renewal application processing through TexasOnline, in
accordance with Texas Government Code, §
2054.111.
At each renewal application, in addition to the license fee, there shall be a
$20 TexasOnline subscription fee.
