(a) Increase in Capacity.
  (1) During the license term, a license holder may not increase capacity without approval from HHSC. The license holder must submit to HHSC a complete application for increase in capacity through the online portal.
  (2) Upon approval of an increase in capacity following a Life Safety Code Survey, HHSC issues a new license.
(b) Decrease in Capacity.
  (1) A license holder that wishes to decrease the licensed capacity of the facility must provide notification via the online portal to HHSC Licensing and Credentialing Section, Long-term Care Regulation. The notification must include the desired capacity for the new license.
  (2) Upon receipt of the notification, HHSC issues a new license with the desired capacity indicated in the notification.

Source Note: The provisions of this §559.35 adopted to be effective July 10, 2024, 49 TexReg 4909