(a) The application receipt date for an initial license or a renewal license is the date the Texas Health and Human Services Commission (HHSC) receives the application and fee.     
      (b) An initial license application is complete when HHSC receives, reviews, and finds acceptable the information described in §511.12(a) - (b) of this subchapter (relating to Application and Issuance of Initial License).     
      (c) A renewal license application is complete when HHSC receives, reviews, and finds acceptable the information described in §511.13(b) of this subchapter (relating to Application and Issuance of Renewal License).     
      (d) HHSC shall process a limited services rural hospital (LSRH) initial or renewal license in accordance with the following time periods.      
        (1) The first time period begins on the date HHSC receives the application and supporting documents and ends on the date HHSC issues the LSRH license. If HHSC receives an incomplete application, the time period ends on the date HHSC issues a written notice to the applicant that the application is incomplete. The written notice shall describe the specific documents or information required to complete the application. The first time period is 45 calendar days.       
        (2) For incomplete applications, the second time period begins on the date HHSC determines the application is complete and ends on the date HHSC issues the LSRH license. The second time period is 45 calendar days.       
      (e) If the application is not processed in the time periods as stated in subsection (d) of this section, the applicant has the right to request HHSC to fully reimburse the fee paid in that particular application process. If HHSC does not agree the established periods have been violated or finds good cause existed for exceeding the established periods, HHSC shall deny the request.     
      (f) The following circumstances are good cause for HHSC exceeding the established time period:      
        (1) the number of applications for licenses exceeds by 15 percent or more the number processed in the same calendar quarter the preceding year;       
        (2) another public or private entity utilized in the application process caused the delay; or       
        (3) other conditions existed which gave good cause for exceeding the established time periods.       
      (g) If HHSC denies the request for full reimbursement authorized by subsection (e) of this section, the applicant may then appeal to the HHSC executive commissioner for a resolution of the dispute. The applicant shall give written notice to the executive commissioner requesting full reimbursement of all filing fees paid because HHSC did not process the application within the adopted time period. HHSC 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 executive commissioner shall make the final decision and provide written notification of the decision to the applicant and HHSC.     
     Source Note:        The provisions of this §511.16 adopted to be effective October 5, 2023, 48 TexReg 5668