SECTION 553.31. Provisional License

(a) HHSC may issue a six-month provisional license in the case of a corporate change of ownership.

(b) HHSC issues a six-month provisional license for a newly constructed facility without conducting an NFPA 101 and physical plant inspection under Subchapter D of this chapter (relating to Facility Construction), and, as applicable §553.311, of this chapter (relating to Physical Plant Requirements for Alzheimer's Units), if:

(1) an applicant requests in writing a provisional license;

(2) the applicant submits working drawings and specifications to HHSC for review in accordance with applicable procedures for plan review, approval, and construction in Subchapter D of this chapter, before facility construction begins;

(3) the applicant obtains all approvals, including a certificate of occupancy in a jurisdiction that requires one, from local authorities having jurisdiction in the area in which the facility is located, such as the fire marshal, health department, and building inspector;

(4) the applicant submits a complete license application within 30 days after receipt of all local approvals described in paragraph (3) of this subsection;

(5) the applicant pays in full the license fees required by §553.47 of this subchapter (relating to License Fees);

(6) the applicant, or a person who is a controlling person and an owner of the applicant, has constructed another facility in this state that complies with applicable NFPA 101 and physical plant requirements in Subchapter D of this chapter, and, as applicable, §553.311 of this chapter; and

(7) the applicant is in compliance with resident-care standards for licensure required by Subchapter E of this chapter (relating to Standards for Licensure) based on an on-site inspection conducted in accordance with §553.327 of this chapter (relating to Inspections, Investigations, and Other Visits).

(c) HHSC considers the date facility construction begins to be the date the building construction permit for the facility was approved by local authorities.

(d) A provisional license expires on the earlier of:

(1) the 180th day after the effective date of the provisional license or the end of any extension period granted by HHSC; or

(2) the date a three-year license is issued to the provisional license holder.

(e) HHSC conducts an NFPA 101 and physical plant inspection of a facility as soon as reasonably possible after HHSC issues a provisional license to the facility.

(f) After conducting an NFPA 101 and physical plant inspection, HHSC issues a license in accordance with Texas Health and Safety Code §247.023 to the provisional license holder if the facility passes the inspection and the applicant meets all requirements for a license.

Source Note: The provisions of this §553.31 adopted to be effective August 31, 2021, 46 TexReg 5017