(a) A license issued under this chapter:
  (1) expires three years after the date issued;
  (2) must be renewed before the license expiration date; and
  (3) is not automatically renewed.
(b) The submission of a license fee alone does not constitute an application for renewal.
(c) The completion of a renewal survey alone does not renew the license. A renewal application submitted through the online portal is required.
(d) If a renewal application is not generated in the online portal within 120 days of expiration, it is the responsibility of the facility to request from HHSC that one be generated.
(e) To renew a license, a license holder must submit an application for renewal through the online portal no later than the 45th day before the expiration date of the current license. HHSC considers that an application for renewal has met the submission deadline if the license holder:
  (1) submits a complete application to HHSC, and HHSC receives that complete application through the online portal no later than the 45th day before the expiration date of the current license;
  (2) submits an incomplete application to HHSC through the online portal and uploads a letter explaining the circumstances that prevented the inclusion of the missing information, and HHSC receives the incomplete application and letter no later than the 45th day before the expiration date of the current license; or
  (3) submits a complete application or an incomplete application through the online portal with a letter uploaded into the application explaining the circumstances that prevented the inclusion of the missing information to HHSC, HHSC receives the application during the 45-day period ending on the date the current license expires, and the license holder pays a late fee in accordance with §559.37(a)(2) of this subchapter (relating to Fees) in addition to the license renewal fee.
(f) If the application is submitted through the online portal along with the appropriate licensing fee by the submission deadline, HHSC considers the application to be timely filed. It is the license holder's responsibility to ensure that the application is timely received by HHSC by submission through the online portal.
(g) For purposes of Texas Government Code §2001.054, HHSC considers that an individual has submitted a timely and sufficient application for renewal of a license if the license holder's application has met the submission deadlines in subsections (e) and (f) of this section. Failure to submit a timely and sufficient application results in the expiration of the license on the expiration date listed on the license.
(h) HHSC does not accept an application for renewal submitted after the expiration date of the license. An application for an initial license must be submitted and must comply with the requirements for an initial license in §559.11 of this subchapter (relating to Criteria for Licensing) and §559.19 of this subchapter (relating to Applicant Disclosure Requirements).
(i) The application for renewal must contain the same information required for an initial application and the license fee as described in §559.37 of this subchapter.
(j) The renewal of a license may be denied for the same reasons an original application for a license may be denied under the criteria in §559.31 of this subchapter (relating to Criteria for Denying a License or Renewal of a License).
(k) The facility must have an annual inspection by the local fire marshal and must submit a copy of the most current inspection as part of the renewal procedures by uploading the report into the renewal application through the online portal.

Source Note: The provisions of this §559.23 adopted to be effective July 10, 2024, 49 TexReg 4909