(a) Renewal notice. The department shall send a renewal notice to a facility at least 60 calendar days before the expiration date of a license.
  (1) If the facility has not received the renewal notice from the department within 45 calendar days prior to the expiration date, it is the duty of the facility to notify the department and request a renewal application for a license.
  (2) If the facility fails to submit the application and fee within 15 calendar days prior to the expiration date of the license, the department shall send by certified mail to the facility a letter advising that unless the license is renewed, the facility must cease operations upon the expiration of the license.
(b) Renewal license. The department shall issue a renewal license to a facility which meets the minimum requirements for a license.
  (1) The facility shall submit the following to the department prior to the expiration date of the license:
    (A) a complete and accurate application form;
    (B) a copy of a fire safety survey 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 application date;
    (C) the renewal license fee;
    (D) documentation of accreditation by the Joint Commission on Accreditation of Healthcare Organizations, if applicable;
    (E) an annual events report in accordance with §134.47(b)(1) of this title (relating to Patient Safety Program); and
    (F) a best practices report in accordance with §134.47(b)(2) of this title.
  (2) The department may conduct a survey prior to issuing a renewal license in accordance with §134.81 of this title (relating to Survey and Investigation Procedures).
  (3) Renewal licenses issued prior to January 1, 2005, will be valid for 12 months.
  (4) Renewal licenses issued January 1, 2005, through December 31, 2005, will be valid for either 12 or 24 months, to be determined by the department prior to the time of license renewal.
  (5) Renewal licenses issued January 1, 2006, or after will be valid for 24 months.
(c) Notice to cease operation and return license. If a facility fails to submit the application, documents, and fee by the expiration date of the license, the department shall notify the facility by certified mail that it must cease operation and immediately return the license by certified mail to the department. If the facility wishes to provide services after the expiration date of the license, it shall apply for a license under §134.22 of this title (relating to Application and Issuance of Initial License).

Source Note: The provisions of this §510.23 adopted to be effective January 1, 2004, 28 TexReg 5154; amended to be effective May 9, 2004, 29 TexReg 4159; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469