(a) HHSC only processes applications received at least 60 days before the requested date of the license issuance.
(b) An application is complete when all requirements for licensing have been met, including compliance with standards. If an inspection for compliance is required, the application is not complete until the inspection has occurred, reports have been reviewed, and the applicant complies with the standards.
(c) The HHSC Regulatory Services Licensing and Credentialing Section notifies facilities through the online portal within 30 days after receipt of the application if any of the following applications are incomplete:
  (1) initial;
  (2) change of ownership;
  (3) renewal; and
  (4) increase in capacity.
(d) Except as provided in subsection (e) of this section, HHSC issues or denies a license within 30 days after the receipt of a complete application or within 30 days before the expiration date of the license. HHSC may delay an action on an application for renewal of a license for up to six months if the facility is subject to a proposed or pending licensure termination action on or within 30 days before the expiration date of the license. Issuing the license constitutes HHSC's official written notice to the facility of application acceptance and filing.
(e) In the event an application is not processed in the time periods established in this section, the applicant has a right to request from the program director full reimbursement of all filing fees paid as part of that application process. If the program director does not agree that the established periods have been exceeded or finds that good cause existed for exceeding the established periods, the request is denied.
(f) Good cause for exceeding an established period is considered to exist if:
  (1) the number of applications to be processed by HHSC exceeds by 15 percent or more the number processed in the same calendar quarter of the preceding year;
  (2) another public or private entity involved in the application process caused the delay; or
  (3) other conditions existed giving good cause for exceeding the established periods.
(g) If the request for full reimbursement is denied, the applicant may appeal directly to HHSC's executive commissioner for resolution of the dispute. The applicant must send a written statement to the executive commissioner describing the request for reimbursement and the reasons for it. The program director may also send a written statement to the executive commissioner describing the program's reasons for denying reimbursement. The executive commissioner makes a timely decision concerning the appeal and notifies the applicant and the program in writing of the decision.

Source Note: The provisions of this §559.15 adopted to be effective July 10, 2024, 49 TexReg 4909