(a) To obtain a provider agreement under §9.208 of this division (relating to Provider Agreement), a provider applicant whose application for enrollment is approved must receive licensure under THSC, Chapter 252, if applicable, and certification as an ICF/IID by DADS within 270 days from the date DADS approves the application, except as provided in subsection (b) of this section.
(b) DADS may, for good cause, grant an extension of the 270 day period described in subsection (a) of this section for a period of time to be determined by DADS if a provider applicant submits to DADS a written request for an extension, including supporting documentation, prior to the expiration of the 270 day period. For purposes of this subsection, good cause includes, but is not limited to:
  (1) construction of the facility is delayed for causes beyond the provider applicant's control, such as a natural disaster;
  (2) DADS is unable to make an on-site visit to the facility within the 270 day period, through no fault of the provider applicant; or
  (3) construction of the facility is delayed because of litigation regarding the construction or operation of the facility.
(c) DADS does not enter into a provider agreement with a provider applicant who does not obtain licensure and certification in accordance with this section.

Source Note: The provisions of this §261.207 adopted to be effective January 1, 2001, 25 TexReg 12790; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective November 4, 2013, 38 TexReg 7724; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127