(a) The certified capacity of a facility will be established by the department.
(b) A program provider may request that the department decrease the certified capacity of its facility.
  (1) The class of a non-state operated facility that has its certified capacity decreased will be determined according to 1 TAC §355.456(b) (relating to Rate Setting Methodology) for reimbursement purposes.
  (2) The department will amend the Long Term Care Plan for People with Mental Retardation and Related Conditions to reflect the decrease in certified capacity of a facility or will determine that beds authorized by the Long Term Care Plan for People with Mental Retardation and Related Conditions are available for allocation.
(c) To ensure appropriate utilization of state schools and state centers, the department may increase the certified capacity of a state school and state center, if the total capacity of all state schools and state centers does not exceed the authorized bed capacity for "campus facilities" in the Long Term Care Plan for People with Mental Retardation and Related Conditions .
(d) If the department determines that redistributing the certified capacity of one or more existing facilities, other than state schools or state centers, into two or more new, smaller facilities may improve utilization of ICF/MR resources, the department may publish notice in the Texas Register that it is accepting requests from program providers to redistribute the certified capacity of their facilities. A program provider may submit a request to redistribute capacity. Such a request must be submitted according to the published notice and the department's instructions. After reviewing the submitted requests, the department may negotiate a plan and enter into an agreement with a program provider to redistribute the program provider's certified capacity.

Source Note: The provisions of this §261.214 adopted to be effective September 1, 2001, 26 TexReg 5384; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127