SECTION 558.19. Issuance of a Renewal License

(a) A license issued under this chapter expires three years after the date HHSC issues it, except as provided in subsections (e)(1) and (f)(1) of this section.

(b) Except as specified in §558.503 of this chapter (relating to Exemption From a Survey), HHSC may not renew an initial license unless HHSC conducts an initial survey of the agency. For renewal of an initial license, an agency must:

(1) meet the requirements for an initial survey as specified in Subchapter E of this chapter (relating to Licensure Surveys);

(2) demonstrate substantial compliance with the Statute and this chapter for the services authorized under the license as confirmed by an initial survey; and

(3) apply for renewal of the license in accordance with §558.17 of this subchapter (relating to Application Procedures for a Renewal License).

(c) For renewal of a license other than an initial license, an agency must:

(1) maintain substantial compliance with the Statute and this chapter for the services authorized under the license; and

(2) apply for renewal of the license in accordance with §558.17 of this subchapter.

(d) If HHSC grants the renewal application, it issues a renewal license effective on the day after the previous license expires.

(e) If HHSC renews a license that expires after December 31, 2020, and before January 1, 2022, HHSC:

(1) issues a license that is valid for two years, if the license is for an agency with a license number that ends in 0-3 or 7-9; and

(2) issues a license that is valid for three years, if the license is for an agency with a license number that ends in 4-6.

(f) If HHSC renews a license that expires after December 31, 2020, and before January 1, 2023, HHSC:

(1) issues a license that is valid for two years, if the license is for an agency with a license number that ends in 4-6; and

(2) issues a license that is valid for three years, if the license is for an agency with a license number that ends in 0-3 or 7-9.

(g) HHSC may deny a renewal application:

(1) if an agency fails to meet the eligibility criteria in §558.11 of this subchapter (relating to Criteria and Eligibility for Licensing);

(2) if the agency fails to meet the requirements for renewal of a license as specified in this subchapter; or

(3) for any of the reasons specified in §558.21 of this subchapter (relating to Denial of an Application or a License).

(h) A renewal license designates an agency's place of business from which services are to be provided or directed and designates an agency's authorized category or categories of service.

Source Note: The provisions of this §558.19 adopted to be effective June 1, 2006, 31 TexReg 1455; amended to be effective December 1, 2006, 31 TexReg 9620; amended to be effective September 1, 2008, 33 TexReg 1149; amended to be effective July 1, 2012, 37 TexReg 4613; transferred effective May 1, 2019, as published in the April 12, 2019, issue of the Texas Register, 44 TexReg 1893; amended to be effective April 25, 2021, 46 TexReg 2427