Current through Reg. 49, No. 38; September 20, 2024
(a) All first-time applications for licensing
are applications for an initial license, including applications from unlicensed
operational facilities and licensed facilities for which a change of ownership
or relocation is anticipated.
(b)
The applicant shall submit the completed application, the information required
in subsection (d) of this section, and the nonrefundable license fee to the
Texas Health and Human Services Commission (HHSC) 90 days before the projected
opening date of the facility.
(c)
The applicant shall disclose to HHSC, if applicable:
(1) the name, address, and social security
number of the owner or sole proprietor, if the owner of the facility is a sole
proprietor;
(2) the name, address,
and social security number of each general partner who is an individual, if the
facility is a partnership;
(3) the
name, address, and social security number of any individual who has an
ownership interest of more than 25 percent in the corporation, if the facility
is a corporation;
(4) the name,
medical license number, and medical license expiration date of any physician
licensed by the Texas Medical Board who has a financial interest in the
facility or in any entity that has an ownership interest in the
facility;
(5) the name, medical
license number, and medical license expiration date of the medical chief of
staff;
(6) the name, nursing
license number, and nursing license expiration date of the director of
nursing;
(7) affirmation that at
least one physician licensed in the state of Texas and at least one registered
nurse licensed in the state of Texas will be on site during all hours of
operation;
(8) information
concerning the applicant and the applicant's affiliates and managers, as
applicable:
(A) denial, suspension,
probation, or revocation of a facility license in any state or any other
enforcement action, such as court civil or criminal action in any
state;
(B) surrendering a license
before expiration of the license or allowing a license to expire in lieu of
HHSC proceeding with enforcement action;
(C) federal or state (any state) criminal
felony arrests or convictions;
(D)
Medicare or Medicaid sanctions or penalties relating to operation of a health
care facility or home and community support services agency;
(E) operation of a health care facility or
home and community support services agency that has been decertified or
terminated from participation in any state under Medicare or Medicaid;
or
(F) debarment, exclusion, or
contract cancellation in any state from Medicare or
Medicaid;
(9) for the
two-year period preceding the application date, information concerning the
applicant and the applicant's affiliates and managers, as applicable:
(A) federal or state (any state) criminal
misdemeanor arrests or convictions;
(B) federal, state (any state), or local tax
liens;
(C) unsatisfied final
judgments;
(D) eviction involving
any property or space used as a health care facility in any state;
(E) injunctive orders from any court;
or
(F) unresolved final federal or
state (any state) Medicare or Medicaid audit exceptions;
(10) the number of emergency treatment
stations;
(11) a copy of the
facility's patient transfer policy and procedure for the immediate transfer to
a hospital of patients requiring emergency care beyond the capabilities of the
facility developed in accordance with §
509.65 of this chapter (relating
to Patient Transfer Policy) and signed by the chairman and the secretary of the
governing body that attests the date the policy was adopted by the governing
body and its effective date;
(12) a
copy of the facility's memorandum of transfer form, which contains at a minimum
the information described in §
509.65 of this chapter;
(13) a copy of a written agreement the
facility has with a hospital, which provides for the prompt transfer to and the
admission by the hospital of any patient when services are needed but are
unavailable or beyond the capabilities of the facility in accordance with
§
509.66 of this chapter (relating
to Patient Transfer Agreements); and
(14) a copy of a passing fire inspection
report indicating approval by the local fire authority in whose jurisdiction
the facility is based that is dated no earlier than one year before the opening
date of the facility.
(d)
The address provided on the application shall be the physical location at which
the facility is or will be operating.
(e) Upon receipt of the application, HHSC
shall review the application to determine whether it is complete. If HHSC
determines that the application is not complete, HHSC shall notify the facility
in writing.
(f) The applicant or
the applicant's representative shall attend a prelicensure conference at the
office designated by HHSC. HHSC may waive the prelicensure conference
requirement.
(g) After the facility
has participated in a prelicensure conference or the prelicensure conference
has been waived at HHSC's discretion, the facility has received an approved
architectural inspection conducted by HHSC, and HHSC has determined the
facility is in compliance with subsections (c) - (e) of this section, HHSC
shall issue a license to the facility to provide freestanding emergency medical
care services in accordance with this chapter.
(h) The license shall be effective on the
date the facility is determined to be in compliance with subsections (c) - (g)
of this section.
(i) The license
expires on the last day of the 24th month after issuance.
(j) If an applicant decides not to continue
the application process for a license, the applicant may withdraw its
application. The applicant shall submit to HHSC a written request to withdraw.
HHSC shall acknowledge receipt of the request to withdraw.
(k) If the applicant does not complete all
requirements of subsections (b) - (d) and (f) of this section within six months
after the date HHSC's health care facility licensing unit receives confirmation
that HHSC received the application and payment, HHSC will consider the
application to be withdrawn. Any fee paid for a withdrawn application is
nonrefundable, as indicated by §
509.30(d) of this
subchapter (relating to Fees).
(l)
During the initial licensing period, HHSC shall conduct an inspection of the
facility to ascertain compliance with the provisions of the Act and this
chapter.
(1) The facility shall request HHSC
conduct an on-site inspection after the facility provides services to at least
one patient.
(2) The facility shall
be providing services at the time of the inspection.
