SECTION 558.219. Procedures for Adding or Deleting a Category to the License

(a) To add or delete a category of service to a license, an agency must submit the appropriate application to HHSC through the online portal at least 30 days before adding or deleting the category.

(b) HHSC either approves or denies the application to add a category of service no later than 30 days after HHSC receives the application through the online portal. An agency must not provide the services under the category the agency is adding until the agency receives written notice of approval from HHSC.

(1) To add a category of service to a license, an agency must:

(A) be in substantial compliance with the Statute and this chapter; and

(B) have no enforcement action pending against the license.

(2) If HHSC denies the application to add a category of service, HHSC informs the agency of the reason for denial.

(3) HHSC may conduct a survey after the approval of a category.

(c) An agency's submission of an application to delete a category from a license does not preclude HHSC from taking enforcement action as appropriate in accordance with Subchapter F of this chapter (relating to Enforcement).

(d) An agency must submit to HHSC the application to add or delete a category of service in accordance with §558.208 of this division (relating to Reporting Changes in Application Information and Fees).

(e) If an agency submits an application to add or delete a category of service, the agency must pay a fee and may be subject to a late fee, as described in §558.208 of this division.

(f) If HHSC grants an agency's application to add or delete a category of service, HHSC sends the agency a Notification of Change reflecting the change in the category of service. The agency must post the Notification of Change beside its license in accordance with §558.211 of this division (relating to Display of License).

Source Note: The provisions of this §558.219 adopted to be effective February 1, 2002, 26 TexReg 9159; amended to be effective June 1, 2006, 31 TexReg 1455; 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