Section 510.22 - Application and Issuance of Initial License(a) Application submittal. The applicant shall submit the following documents to the Texas Health and Human Services Commission (HHSC) no earlier than 60 calendar days prior to the projected opening date of the facility: (1) an accurate and complete application form;(2) a copy of the facility's patient transfer policy which is developed in accordance with § 510.43 of this chapter (relating to Patient Transfer Policy) and is signed by both the chairman and secretary of the governing body attesting to the date the policy was adopted by the governing body and the effective date of the policy;(3) a copy of the facility's memorandum of transfer form which contains at a minimum the information described in § 510.43(d)(10)(B) of this chapter;(4) for existing facilities, a copy of a fire safety inspection indicating approval by the local fire authority in whose jurisdiction the facility is based that is dated no earlier than one year prior to the opening date. For new construction, additions, and renovation projects, written approval by the local building department and local fire authority shall be submitted at the time of the final construction field survey by HHSC;(5) documentation of accreditation by an accrediting organization approved by the Centers for Medicare & Medicaid Services, if applicable;(6) the appropriate license fee as required in § 510.26 of this subchapter (relating to Fees);(7) if the applicant is a sole proprietor, partnership with individuals as a partner, or a corporation in which an individual has an ownership interest of at least 25 percent of the business entity, the names and social security numbers of the individuals; and(8) a multiple hospital location application form for multiple hospitals to be licensed under a single license number, if applicable.(b) Additional documentation for new facilities or conversions from non-facility buildings. In addition to the document submittal requirements in subsection (a) of this section, an applicant shall complete the following prior to the issuance of a license. (1) The applicant shall submit preliminary and final architectural plans and specifications for review and approval by HHSC in accordance with Subchapter G of this chapter (relating to Physical Plant and Construction Requirements).(2) For new construction, HHSC shall conduct field surveys in accordance with Subchapter G of this chapter to determine that the facility was constructed or remodeled in accordance with this chapter.(3) When an applicant intends to reopen and license a building formerly licensed as a hospital or crisis stabilization unit, HHSC shall conduct an on-site field survey in accordance with Subchapter G of this chapter to determine compliance with applicable construction and fire safety requirements.(4) The applicant shall pay all plan review and construction field survey fees to HHSC.(5) The applicant shall obtain a certificate of occupancy approved by the local fire authority, and issued by the city building inspector, if applicable, and submit a copy to HHSC.(6) The applicant shall submit a complete and accurate Final Construction Approval form signed by facility administration to HHSC.(c) Prelicensure conference. The applicant or the applicant's representative shall attend a prelicensure conference at the office designated by HHSC. The purpose of the prelicensure conference that HHSC staff conducts is to review licensure rules and inspection documents and provide consultation before the on-site licensure inspection. HHSC may waive the prelicensure conference requirement.(d) Issuance of license. When HHSC determines the facility has complied with subsections (a)-(c) of this section, HHSC shall issue the license to the applicant.(1) Effective date. The license shall be effective on the date the facility is determined to be compliant with subsections (a)-(c) of this section. The effective date shall not be before the date of the final construction field survey conducted by HHSC.(2) Expiration date. For initial licenses issued: (A) If the effective date of the license is the first day of a month, the license expires on the last day of the 23rd month after issuance.(B) If the effective date of the license is the second or any subsequent day of a month, the license expires on the last day of the 24th month after issuance.(e) Withdrawal of application. If an applicant decides not to continue the application process for a license or renewal of a license, the applicant may withdraw the application. HHSC shall acknowledge receipt of the request to withdraw.(f) Denial of a license. Denial of a license shall be governed by §510.87 of this chapter (relating to Enforcement).(g) Inspection. During the initial licensing period, HHSC shall conduct an inspection of the facility to ascertain compliance with the provisions of Texas Health and Safety Code Chapter 577 and this chapter.(1) A facility shall request HHSC conduct an on-site inspection after the facility has admitted and provided services to one inpatient.(2) A facility shall be providing services to at least one inpatient in the facility at the time of the inspection.(3) If a hospital has applied to participate in the federal Medicare program, HHSC may conduct the inspection in conjunction with the licensing inspection to determine compliance with Code of Federal Regulations Title 42 Part 482.26 Tex. Admin. Code § 510.22
The provisions of this §510.22 adopted to be effective January 1, 2004, 28 TexReg 5154; amended to be effective May 9, 2004, 29 TexReg 4159; Chapter Transferred from Title 25, Part 1, Chapter 134 by Texas Register, Volume 44, Number 20, May 17, 2019, TexReg 2469, eff. 6/1/2019; Amended by Texas Register, Volume 49, Number 46, November 15, 2024, TexReg 9285, eff. 11/21/2024