Current through Reg. 49, No. 38; September 20, 2024
(a) General.
(1) All fees paid to the department are
nonrefundable with the exception of fees for surveys that were not
conducted.
(2) All fees shall be
paid to the department.
(b) License fees.
(1) The fee for an initial license or a
renewal license is $100 per bed per 12 months based upon the designed bed
capacity. The total fee may not be less than $3,000 per 12 months. The designed
bed capacity is determined as follows.
(A)
The designed bed capacity is the maximum number of patient beds that can be
accommodated in rooms that comply with the requirements for patient room suites
in §
510.23 of Title 40 (relating to
Spatial Requirements for New Construction).
(B) The maximum designed bed capacity
includes beds that comply with the requirements in §
510.23 of Title 40 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 effectivelyeliminate those 20 beds from the designed 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 designed capacity.
(2) An additional fee shall be
submitted with the Final Construction Approval form for an increase in the
number of beds resulting from an approved construction project and an
additional plan review fee if the construction cost increases to the next
higher fee schedule according to subsection (c)(4) of this section.
(3) A facility will not receive a refund of
previously submitted fees should the designed bed 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 §
510.127 of Title 40 (relating to
Preparation, Submittal, Review and Approval of Plans).
(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 $105 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 survey fees. A
fee of $500 and an Application for Survey form for each survey shall be
submitted to the department at least three weeks prior to the anticipated
survey date. Construction surveys will not be conducted until all required fees
are received by the department. If additional construction surveys of the
proposed project are requested, the appropriate additional fees shall be
submitted prior to any surveys conducted by the staff of the department. When
followup construction surveys are performed to verify plans of correction, the
fee shall be submitted upon completion of the survey.
(e) Cooperative agreement application fee.
The application fee for a cooperative agreement, established under Health and
Safety Code, Chapter 314, is $10,000. The application fee shall be submitted
with an application for a cooperative agreement.
