Current through Reg. 49, No. 38; September 20, 2024
(a) Basic fees.
(1) Type A and Type B. The license fee is
$300, plus $15 for each bed for which a license is sought, with a maximum of
$2,250 for a three-year license. The fee must be paid with an initial
application, change of ownership application, or renewal application.
(2) Increase in capacity. An approved
increase in capacity is subject to an additional fee of $15 for each
bed.
(b) Late renewal
fee. An applicant that submits an application for license renewal later than
the 45th day before the expiration date of the license must pay a late fee of
an amount equal to one-half of the basic fee required in accordance with
subsection (a)(1) and (2) of this section.
(c) Alzheimer's certification. In addition to
the basic license fee described in subsection (a) of this section, a facility
that applies for certification as an Alzheimer's facility under Subchapter E of
this chapter (relating to Standards for Licensure) must pay an additional
license fee. For a three-year license issued in accordance with subsection
(a)(1) of this section or § 553.33(a)(1) of this subchapter, the
additional fee is $300.
(d) Trust
fund fee.
(1) If the amount in the facility
trust fund, established under Texas Health and Safety Code, Chapter 242,
Subchapter D, and Chapter 247 §247.003(b), is less than $500,000, HHSC
collects an annual fee from each facility. The fee is based on a monetary
amount specified for each licensed unit of capacity or bed space and is in an
amount sufficient to provide not more than $500,000 in the trust fund. When the
trust fund fee is collected, HHSC sends written notice to each facility stating
the amount of the fee and the date the fee is due. A facility must pay the
amount of the fee within 90 days after the date the fee is due.
(2) HHSC may charge and collect a trust fund
fee more than once a year if necessary to ensure that the amount in the
facility trust fund is sufficient to make the disbursements required under
Texas Health and Safety Code §
242.0965.
When this subsequent trust fund fee is collected, HHSC sends written notice to
each facility stating the amount of the fee and the date the fee is due. A
facility must pay the amount of the fee within 90 days after the date the fee
is due.
(3) Failure to pay the
trust fund fee within 90 days after the date the fee is due as stated on the
written notice described in paragraphs (1) and (2) of this subsection may
result in an assessment of an administrative penalty under the administrative
penalties described in Subchapter H, Division 9 of this chapter (relating to
Administrative Penalties).
(e) Plan review fee. An applicant may submit
building plans for a new building, an addition, the conversion of a building
not licensed, or for the remodeling of an existing licensed facility for review
by HHSC architectural staff. If the applicant chooses to submit building plans
for review, the applicant must pay a fee for the plan review according to the
following schedule:
Attached
Graphic
(f)
Payment of fees. A facility or applicant must pay fees by check, cashier's
check, money order, or credit card, made payable to HHSC. All fees are
nonrefundable, except as provided in Texas Government Code, Chapter 2005, and
in § 553.21(d) of this chapter (relating to Time Periods for Processing
All Types of License Applications).
(g) Optional expedited inspection and
associated fee.
(1) An applicant for an
assisted living facility license may obtain an expedited inspection described
in subparagraph (A) or (B) of this paragraph if the applicant meets the
requirements in both clauses of the applicable subparagraph.
(A) A Life Safety Code (LSC) inspection
conducted no later than the 15th day after the date HHSC receives a request for
an expedited inspection, if the applicant:
(i) meets the application requirements under
this subchapter for the applicable license; and
(ii) submits the applicable expedited LSC
inspection fee in accordance with the fee schedule in paragraph (2) of this
subsection; or
(B) an
on-site health inspection conducted no later than the 21st day after the date
HHSC receives a request for an expedited inspection, if the applicant:
(i) meets the application requirements under
this subchapter for the applicable license; and
(ii) submits the applicable expedited on-site
health inspection fee in accordance with the fee schedule in paragraph (2) of
this subsection.
(2) An applicant requesting an expedited
inspection must include the applicable fee from the following fee schedule with
a request for an expedited inspection submitted in accordance with paragraph
(1) of this subsection.
Attached
Graphic
(h) If, after HHSC conducts two LSC
inspections for a given application, the applicant requests an additional
inspection, then the applicant must pay a fee of $25 per bed, with a minimum
payment of $1,000 for the third and each subsequent inspection pertaining to
the same application.
