Current through Reg. 49, No. 38; September 20, 2024
(a) Time periods. HHSC complies with the
following procedures in processing applications for a facility and corrections
medication aide permit and renewal.
(1) The
following periods of time apply from the date HHSC receives an application
through the online portal until the date HHSC issues a written notice through
the online portal that the application is complete and accepted for filing or
that the application is deficient and additional specific information is
required. HHSC may issue a written notice through the online portal stating
that the application has been approved instead of a notice that the application
is complete. The time periods are as follows:
(A) letter of acceptance of application for a
permit--21 days;
(B) letter of
application deficiency or ineligibility--21 days;
(C) acceptance of renewal permit--21 days;
and
(D) letter of renewal of permit
deficiency--21 days.
(2)
The following periods of time apply from the date HHSC receives the last item
necessary to complete the application through the online portal until the date
HHSC issues written notice through the online portal approving or denying the
application. For the purpose of this section, an application is not considered
complete until any required examination has been successfully completed by the
applicant. The time periods for denial include notification of a proposed
decision and an opportunity, if required, for the applicant to show compliance
with law, and an opportunity to request a hearing. The time periods are as
follows:
(A) issuance of initial permit--60
days;
(B) letter of denial for a
permit or renewal permit--60 days; and
(C) issuance of renewal permit after receipt
of documentation of the completion of all renewal requirements--20
days.
(b)
Reimbursement of fees.
(1) If an application
is not processed in the time periods stated in subsection (a) of this section,
the applicant has the right to request reimbursement of all fees paid in that
particular application process. Application for reimbursement must be made to
the program administrator for HHSC Medication Aide Permit Program. If the
program administrator does not agree that the time period has been violated or
finds that good cause existed for exceeding the time period, the request must
be denied.
(2) Good cause for
exceeding the time period exists if the number of applications for a permit and
permit renewal exceeds by 15 percent or more the number of applications
processed in the same calendar quarter the preceding year; another public or
private entity relied upon by HHSC in the application process caused the delay;
or any other condition exists giving HHSC good cause for exceeding the time
period.
(c) Appeal. If a
request for reimbursement under subsection (b) of this section is denied by the
program administrator, the applicant may appeal in writing to the Texas Health
and Human Services Commission's hearings section to request a hearing on the
reimbursement denial. A hearing is governed by 1 Texas Administrative Code
Chapter 357, Subchapter I (relating to Hearings under the Administrative
Procedure Act); and Chapter 110 of this title (relating to Hearings under the
Administrative Procedure Act).
