SECTION 559.213. Time Periods for Processing Licensing Applications

(a) The Texas Health and Human Services Commission (HHSC) will process only applications received within 60 days before the requested date of the issuance of the license.

(b) An application is complete when all requirements for licensing have been met, including compliance with standards and payment of the licensing fee. If a survey for compliance is required, the application is not complete until the survey has occurred, reports have been reviewed, and the applicant complies with the standards.

(c) HHSC will notify applicants within 30 days after receipt of the application if any of the following applications are incomplete:

(1) initial application;

(2) change of ownership;

(3) renewal; and

(4) increase in capacity.

(d) Except as provided in the following sentence, a license will be issued or denied within 30 days after the receipt of a complete application or within 30 days before the expiration date of the license. However, HHSC may delay an action on an application for renewal of a license for up to six months if the individualized skills and socialization provider is subject to a proposed or pending licensure termination action on or within 30 days before the expiration date of the license. The issuance of the license constitutes HHSC's official written notice to the individualized skills and socialization provider of the acceptance and filing of the application.

(e) In the event the application is not processed in the time periods stated in this section, the applicant has a right to request of HHSC full reimbursement of all filing fees paid in that particular application process. If HHSC does not agree that the established periods have been violated or finds that good cause existed for exceeding the established periods, the request will be denied.

(f) Good cause for HHSC exceeding the period established is considered to exist if:

(1) the number of applications to be processed exceeds by 15 percent or more the number processed in the same calendar quarter of the preceding year;

(2) another public or private entity used in the application process caused the delay; or

(3) other conditions existed giving good cause for exceeding the established periods.

(g) If the request for full reimbursement is denied, the applicant may appeal to HHSC for resolution of the dispute. The applicant must send a statement to HHSC describing the request for reimbursement and the reasons for it. HHSC makes a decision concerning the appeal and notifies the applicant of the decision.

Source Note: The provisions of this §559.213 adopted to be effective January 1, 2023, 47 TexReg 8709