SECTION 551.13. Applicant Disclosure Requirements

(a) No person may apply for a license, change of ownership, increase in capacity, relocation, or renewal of a license to operate or maintain a facility without making a disclosure of information as required in this section.

(b) All applications must be made on forms prescribed by and available from the Texas Health and Human Services Commission (HHSC) through the online portal. Each application must be completed in accordance with HHSC instructions. Any changes to the information on an initial, change of ownership, or renewal application must be reported to HHSC within 30 calendar days from the effective date of the change. Changes include:

(1) persons with an ownership or control interest, as defined in 42 Code of Federal Regulations (CFR) §455.101 (relating to Definitions);

(2) officers, directors, agents, or managing employees;

(3) the corporation, association, or other company responsible for management of the facility;

(4) the facility's administrator; or

(5) a controlling person.

(c) General information required. An applicant must submit to HHSC, through the online portal, an application that contains:

(1) for initial applications, relocation, and change of ownership only, evidence of the right to possession of the facility at the time the application will be granted, which may be satisfied by the submission of applicable portions of a lease agreement, deed or trust, or appropriate legal document. The names and addresses of any persons or organizations listed as owner of record in the real estate, including the buildings and grounds and property documents, must be disclosed to HHSC; and

(2) for initial applications and change of ownership tax ID documentation and a copy of the partnership agreement if a partnership exists. For other changes associated with tax ID, tax ID documentation must be provided.

Source Note: The provisions of this §551.13 adopted to be effective August 31, 1993, 18 TexReg 2557; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective May 1, 1995, 20 TexReg 1659; amended to be effective May 1, 1998, 23 TexReg 4060; amended to be effective May 1, 2000, 25 TexReg 3557; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787