Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 550 - LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
Subchapter B - LICENSING APPLICATION, MAINTENANCE, AND FEES
Section 550.114 - Time Periods for Processing All Types of License Applications

Current through Reg. 49, No. 38; September 20, 2024

(a) The date of an application is the date the DADS Licensing and Credentialing Unit receives the application and the correct license fee as required in § 550.112 of this subchapter (relating to Licensing Fees).

(b) DADS considers an application for an initial license complete when DADS accepts the information described in § 550.105 of this subchapter (relating to Initial License Application Procedures and Issuance).

(c) DADS considers an application for a renewal license complete when DADS accepts the information described in § 550.106 of this subchapter (relating to Renewal License Application Procedures and Issuance). A center may continue to operate during the renewal application process in accordance with § 550.106 of this subchapter.

(d) DADS considers an application for a change of ownership license complete when DADS accepts the information described in § 550.108 of this subchapter (relating to Change of Ownership License Application Procedures and Issuance).

(e) DADS reviews an application for a license no later than 45 days after the date DADS Licensing and Credentialing Unit receives the application.

(f) If an applicant receives a notice from DADS that some or all of the information required by this chapter is missing or incomplete, an applicant must submit the required information no later than 30 days after the date of the notice. If an applicant fails to submit the required information no later than 30 days after the notice date, DADS considers the application incomplete and denies the application. If DADS denies the application, DADS does not refund the license fee.

(g) DADS denies an application that remains incomplete 120 days after the date that DADS Licensing and Credentialing Unit receives the application.

(h) DADS issues a license no later than 30 days after DADS determines that an applicant and the center have met all licensure requirements referenced in § 550.105 and § 550.106 of this subchapter, as applicable.

(i) If DADS does not process an application in the time period described in subsections (e) and (h) of this section, an applicant may request reimbursement of the license fee paid. The applicant must submit the reimbursement request following the instructions on the DADS website.

(j) If DADS does not agree that the established time period for processing an application described in subsection (e) of this section has been violated or finds that good cause existed for exceeding the established time period, DADS will deny the request.

(k) Good cause for exceeding the established time period exists if:

(1) DADS receives an application during the time period of September 1, 2014 through June 30, 2015;

(2) the number of applications to be processed exceeds by 15 percent or more the number processed in the same fiscal quarter of the preceding year effective when DADS has obtained and published two quarters of application data;

(3) DADS must rely on another public or private entity to process all or a part of the application received by DADS, and the delay is caused by that entity; or

(4) other conditions existed giving good cause for exceeding the established time period.

(l) If DADS denies the request for reimbursement, an applicant may request that the DADS commissioner resolve the dispute. An applicant must send a written statement to the DADS commissioner describing the request for reimbursement and the reason for the request. The DADS commissioner will review the request and notify an applicant in writing of the decision.

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