(a) Definitions. The following words and terms, when used in this section, shall have the following meaning, unless the context clearly indicates otherwise.
  (1) Health care providers-Licensed home health agencies, ambulatory surgical centers, birthing centers, and abortion facilities.
  (2) Small business-A corporation, partnership, sole proprietorship, or other legal entity that is formed for the purpose of making a profit, that is independently owned and operated, and that has either fewer than 100 employees or less than $1 million in annual gross receipts.
(b) License applications. All license applications received from health care providers by the department shall be reviewed to determine if the applicant is a small business as defined in subsection (a) of this section. The applications of the applicants that meet the definition of a small business shall be processed in accordance with the time periods in subsections (c) and (d) of this section.
(c) First time period.
  (1) The first time period begins on the date the department's health facility licensure and certification division receives an application for a license to operate as a health care provider, the required documentation for the license applied for, and the license fee. The first time period ends on the date the department submits a written notice to the applicant approving the completed application, or the date the department receives the required documentation requested in a written notice to the applicant outlining the reason(s) why the application is incomplete and specifying a time frame for the applicant to submit the required documentation. Upon receipt of the required documentation the department will provide a written notice to the applicant approving the completed application.
  (2) The time period for each initial license application for all the programs is 45 days.
  (3) The time periods for each renewal license application are as follows.
    (A) As regards home health agencies, a license renewal notice shall be sent by the department to the agency at least 60 days before the expiration date of the annual license. An application, required documents, and fee shall be submitted by the agency to the department and postmarked no later than 30 days prior to the expiration date of the license.
    (B) As regards abortion facilities, a license renewal notice shall be sent by the department to the abortion facility at least 90 days before the expiration date of the annual license. An application, required documents, and fee shall be submitted by the facility to the department no later than 60 days prior to the expiration date of the license. The annual abortion report shall be submitted by the facility to the department and postmarked no later than 30 days prior to the expiration date of the license.
    (C) As regards birthing centers, a license renewal notice shall be sent by the department to the birthing center at least 60 days before the expiration date of the annual license. An application, required documents, and fee shall be submitted by the birthing center to the department postmarked no later than 30 days prior to the expiration date of the license.
    (D) As regards ambulatory surgical centers (ASC), a license renewal notice shall be sent by the department to the ASC at least 90 days before the expiration date of the annual license. An application, required documents, and fee shall be submitted by the ASC to the department and postmarked no later than 60 days prior to the expiration date of the license.
    (E) Applicants who are delinquent in renewing their annual license, and initial applicants who do not pursue licensure, account for a time frame that is beyond the department's control.
  (4) The time frames for a license issued due to a change of ownership are the same as an initial license application. Applicants who are delinquent in notifying the department of the change of ownership account for a time frame that is beyond the department's control.
  (5) The time frames for licenses pending license exemption claims, proposed punitive action, administrative hearings, temporary restraining orders or injunctive relief are covered in the sections listed in subparagraphs (A)-(D) of this paragraph, as follows:
    (A) as regards home health agencies, §115.3 of this title (relating to Unregulated Agency), §115.4 of this title (relating to Exemptions), and §115.12 of this title (relating to License Denial, Suspension or Revocation) ;
    (B) as regards abortion facilities, §139.5 of this title (relating to Unlicensed Facility), §139.6 of this title (relating to Exemptions), and §139.12 of this title (relating to License Denial, Suspension or Revocation) ;
    (C) as regards birthing centers, §137.2 of this title (relating to Unregulated Center), §137.3 of this title (relating to Exemptions), and §137.7 of this title (relating to License Denial, Suspension, or Revocation) ;
    (D) as regards ambulatory surgical centers (ASC), §135.18 of this title (relating to Unlicensed Ambulatory Surgical Centers), §135.19 of this title (relating to Exemptions), and §135.24 of this title (relating to License Denial, Suspension or Revocation).
(d) Second time period.
  (1) The second period begins either the day the department's health facility licensure and certification division receives the document(s) requested in the written notice in subsection (c) of this section. The documentation must be received within the time frame specified in the written notice and must be correct to consider the application complete, or on the day the department issued a written notice approving the completed application. The last day of the second period under this paragraph is the date the following items have been received, reviewed, conducted, and found to be acceptable: attendance at the required pre-survey conference; submittal of required Medicare application documents, as applicable for ASCs and home health agencies; completion of the division's architectural unit final life safety code inspection and approval of the building for occupancy as applicable to ASCs and abortion facilities and issuance of a temporary license for the provision of services requested. Applicants who are delinquent in submitting the required documents or do not attend a pre-survey conference or complete the building requirements account for a time frame that is beyond the department's control.
  (2) The time period for initial license application for all the programs is 45 days.
  (3) The time periods for renewal license applications are as follows.
    (A) As regards home health agencies, a license renewal notice shall be sent by the department to the agency at least 60 days before the expiration date of the annual license. An application, required documents, and fee shall be submitted by the agency to the department and postmarked no later than 30 days prior to the expiration day of the license.
    (B) As regards abortion facilities, a renewal license notice shall be sent by the department to the abortion facility at least 90 days before the expiration date of the annual license. An application, required documents, and fee shall be submitted by the facility to the department and postmarked no later than 60 days prior to the expiration date of the license. The annual abortion report shall be submitted by the facility to the department and postmarked no later than 30 days prior to the expiration date of the license.
    (C) As regards birthing centers, a license renewal notice shall be sent by the department to the birthing center at least 60 days before the expiration date of the annual license. An application, required documents, and fee shall be submitted by the birthing center to the department and postmarked no later than 30 days prior to the expiration date of the license.
    (D) As regards ambulatory surgical centers, a license renewal notice shall be sent by the department to the ASC at least 90 days before the expiration date of the annual license. An application, required documents, and fee shall be submitted by the ASC to the department and postmarked no later than 60 days prior to the expiration date of the license.
(e) Reimbursement of fees.
  (1) In the event the application is not processed in the time periods as stated in subsections (c) and (d) of this section, the applicant has the right to request full reimbursement of the license fee paid with the application process. If the department does not agree that the established periods were violated or finds that good cause existed for exceeding the established periods the request will be denied and there will be no refund of the license fee. If the department agrees that the established periods were violated or finds there were no existing causes to exceed the established periods, the department will rule in favor of the applicant and the applicant will be refunded the license fee.
  (2) Good cause for exceeding the period established is considered to exist if the number of applications for licensure to be processed exceeds by 15% or more of the applications processed in the calendar quarter the preceding year, another public or private entity utilized in the application process caused the delay, or other conditions existed giving good cause for exceeding the established periods.
(f) Appeal. If the request for full reimbursement authorized by subsection (e) of this section is denied, the applicant may then appeal to the commissioner of health for a resolution of the dispute. The applicant shall give written notice to the commissioner that full reimbursement of all licensure fees be paid because the application was not processed within the adopted time period. The director of the health facilities licensure and certification division shall submit a written report of the facts related to the processing of the application and good cause for exceeding the established time periods. The commissioner will determine the final action and provide written notification of the decision to the applicant and the director.

Source Note: The provisions of this §113.2 adopted to be effective May 13, 1988, 13 TexReg 2081.