Current through Reg. 49, No. 38; September 20, 2024
(a) Application submittal. The applicant
shall submit the following documents to the department no earlier than 60
calendar days prior to the projected opening date of the facility:
(1) an accurate and complete application
form;
(2) a copy of the facility's
patient transfer policy which is developed in accordance with §
510.43 of this title (relating to
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 facility's memorandum of
transfer form which contains at a minimum the information described in §
510.43(d)(10)(B)
of this title;
(4) for existing
facilities, a copy of a fire safety survey indicating approval by the local
fire authority in whose jurisdiction the facility is based that is dated no
earlier than one year prior to the opening date. For new construction,
additions, and renovation projects, written approval by the local building
department and local fire authority shall be submitted at the time of the final
construction survey by the department;
(5) documentation of accreditation by the
Joint Commission on Accreditation of Healthcare Organizations, if
applicable;
(6) the appropriate
license fee as required in §
510.26 of this title (relating to
Fees);
(7) if the applicant is a
sole proprietor, partnership with individuals as a partner, or a corporation in
which an individual has an ownership interest of at least 25% of the business
entity, the names and social security numbers of the individuals; and
(8) a multiple hospital location application
form for multiple hospitals to be licensed under a single license number, if
applicable.
(b)
Additional documentation for new facilities or conversions from nonfacility
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
license.
(1) Preliminary and final
architectural plans and specifications shall be submitted for review and
approval by the department in accordance with §
510.127 of this title (relating to
Preparation, Submittal, Review and Approval of Plans).
(2) For new construction, surveys shall be
conducted by the department in accordance with §
510.128(b) of
this title (relating to Construction, Surveys, and Approval of Project) to
determine that the facility was constructed or remodeled in accordance with
this chapter.
(3) When an applicant
intends to reopen and license a building formerly licensed as a hospital or
crisis stabilization unit, an on-site survey shall be conducted by the
department in accordance with §
510.128(b) of
this title to determine compliance with applicable construction and fire safety
requirements.
(4) All plan review
and construction survey 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 signed by facility administration shall be submitted
to the department.
(c)
Presurvey conference. The applicant or the applicants representative shall
attend a presurvey conference at the office designated by the department. The
purpose of the presurvey conference, which is conducted by department staff, is
to review licensure rules and survey documents and provide consultation prior
to the on-site licensure survey. The department may waive the presurvey
conference requirement.
(d)
Issuance of license. When it is determined that the facility 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 facility 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 survey conducted by the
department.
(2) Expiration date.
(A) For initial licenses issued prior to
January 1, 2005.
(i) If the effective date of
the license is the first day of a month, the license expires on the last day of
the 11th month after issuance.
(ii)
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 12th month after
issuance.
(B) For
initial licenses issued January 1, 2005, or after.
(i) 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.
(ii) 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. The department shall acknowledge receipt of the request to
withdraw.
(f) Denial of a license.
Denial of a license shall be governed by §
510.83 of this title (relating to
Enforcement).
(g) Survey. During
the initial licensing period, the department shall conduct a survey of the
facility to ascertain compliance with the provisions of the Health and Safety
Code, Chapter 577 and this chapter.
(1) A
facility shall request an on-site survey to be conducted after one inpatient
has been admitted and provided services.
(2) A facility shall be providing services to
at least one inpatient in the facility at the time of the survey.
(3) If a hospital has applied to participate
in the federal Medicare program, the survey may be conducted in conjunction
with the licensing survey to determine compliance with 42 Code of Federal
Regulations, Part 482 (relating to Medicare Conditions of Participation for
Hospitals).
