Current through Reg. 49, No. 38; September 20, 2024
(a) General.
(1) In this section, the date of an
application is the date an applicant successfully submits an application to
HHSC through the online portal as described in subsection (b)(1) of this
section.
(2) HHSC considers an
application complete for purposes of this section when it is complete and
accurate as described in § 558.12 of this subchapter (relating to General
Applications), and the applicant has met all requirements for licensure,
including applicable background and survey standards before HHSC issues a
license.
(b) Time frames.
HHSC processes an application in accordance with the following time frames.
(1) The first time frame begins on the date
the applicant successfully submits an application through the online portal and
the online portal reflects a status of "payment received" for applicable
license fees, including late fees, and ends on the date HHSC determines the
submission is complete and accurate, as described in § 558.12 of this
subchapter (relating to General Applications). If HHSC receives an incomplete
application, the first time frame ends on the date HHSC sends an electronic
notice, through the online portal, to the agency that the application is
incomplete. The electronic notice specifies the information that the applicant
must submit to complete the application. The first time frame is no longer than
45 days.
(2) The second time frame
begins on the date that the application is complete, as described for the
purpose of this section, in subsection (a)(2) of this section, and ends on the
date the license is issued. The second time frame is no longer than 45
days.
(3) If an agency is subject
to a proposed or pending enforcement action on its license, on or within 45
days before the expiration date of the license, HHSC may postpone decision on a
renewal application while the action is pending.
(c) Reimbursement of fees.
(1) If HHSC does not process the application
in the time frames stated in subsection (b) of this section, the applicant has
the right to request that HHSC reimburse the license fee. If HHSC does not
agree that the established time frames have been violated or finds that good
cause existed for exceeding the established time frames, HHSC denies the
request.
(2) HHSC considers that
good cause for exceeding the established time frames exists if:
(A) the number of applications to be
processed exceeds by 15 percent or more the number of applications processed in
the same quarter for the preceding year;
(B) another public or private entity used in
the application process caused the delay; or
(C) other conditions existed giving good
cause for exceeding the established time frames.
(d) Appeal. If HHSC denies the request for
reimbursement of the license fee, as authorized by subsection (c) of this
section, the applicant may appeal the denial. In order to appeal, the applicant
must send a written request for reimbursement of the license fee to the HHSC
executive commissioner. The request must include that the application was not
processed within the established time frame. The HHSC HCSSA licensing unit
provides the HHSC executive commissioner with a written report of the facts
related to the processing of the application and good cause for exceeding the
established time frame. The HHSC executive commissioner makes the final
decision and provides written notification of the decision to the applicant and
the HHSC HCSSA licensing unit.
