Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 261 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS (ICF/IID) PROGRAM-CONTRACTING
Subchapter C - PROVIDER ADMINISTRATIVE REQUIREMENTS
Section 261.214 - Certified Capacity of a Facility

(a) The certified capacity of a facility will be established by the department.

(b) A program provider may request that the department decrease the certified capacity of its facility.

(c) To ensure appropriate utilization of state schools and state centers, the department may increase the certified capacity of a state school and state center, if the total capacity of all state schools and state centers does not exceed the authorized bed capacity for "campus facilities" in the Long Term Care Plan for People with Mental Retardation and Related Conditions.

(d) If the department determines that redistributing the certified capacity of one or more existing facilities, other than state schools or state centers, into two or more new, smaller facilities may improve utilization of ICF/MR resources, the department may publish notice in the Texas Register that it is accepting requests from program providers to redistribute the certified capacity of their facilities. A program provider may submit a request to redistribute capacity. Such a request must be submitted according to the published notice and the department's instructions. After reviewing the submitted requests, the department may negotiate a plan and enter into an agreement with a program provider to redistribute the program provider's certified capacity.