(a) Sections 33.202, 33.203, 33.205, and 33.206 of this title apply to continuing care in residence.

(b) A person must also hold a certificate of authority to provide continuing care at a facility before the person is eligible to receive authority to provide continuing care in residence. A provider must have authority to provide continuing care in residence before accepting any consideration or entering into any contracts for continuing care in residence.

(c) To apply for authority to provide continuing care in residence, an applicant must submit a CCRC Form 1a (FIN 604), including the following:

(1) the provider's CCRC certificate of authority license number;

(2) format for disclosure statement for continuing care in residence (CCRC Form 6b (FIN605));

(3) a business plan which includes: (A) a three-year financial projection with associated assumptions; (B) the geographic region proposed for continuing care in residence services; (C) evidence of the actuarial review for entrance fee (and related amortization schedule) and service fee amounts; (D) information regarding resident qualification; (E) information regarding marketing and advertising activities; and (F) information regarding refund procedures applicable before a resident receives continuing care in residence services; and

(4) a certified copy of assumed name certificate, if applicable.

(d) Information and filings under this subchapter must be submitted, as applicable, on paper or in an electronic format that is acceptable to the department. The department's submission locations, formats, and contact information are subject to change; persons submitting forms or information must confirm that they are using the most recent version before submitting to the department. CCRC forms are available on the department's website.

(e) The time period specified in Health and Safety Code §246.022 begins when the department has received all required material and information and deems the application complete.

(f) Incomplete applications will expire without refund one year from the date of receipt of the applicant's initial CCRC Form 1a (FIN604) Application for Authority to Offer Continuing Care in Residence Services in the State of Texas under Health and Safety Code §246.0025(b).

Source Note: The provisions of this §33.102 adopted to be effective April 17, 2019, 44 TexReg 1867