Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter B - LICENSING REQUIREMENTS › Section 509.24 - Application and Issuance of Initial License

Current through Reg. 49, No. 28; July 12, 2024
(a) All first-time
				  applications for licensing are applications for an initial license, including
				  applications from unlicensed operational facilities and licensed facilities for
				  which a change of ownership or relocation is anticipated.
(b) The applicant shall submit the completed
				  application, the information required in subsection (d) of this section, and
				  the nonrefundable license fee to the Texas Health and Human Services Commission
				  (HHSC) 90 days before the projected opening date of the facility.
(c) The applicant shall disclose to HHSC, if
				  applicable:
(1) the name, address, and social
				  security number of the owner or sole proprietor, if the owner of the facility
				  is a sole proprietor;
(2) the name,
				  address, and social security number of each general partner who is an
				  individual, if the facility is a partnership;
(3) the name, address, and social security
				  number of any individual who has an ownership interest of more than 25 percent
				  in the corporation, if the facility is a corporation;
(4) the name, medical license number, and
				  medical license expiration date of any physician licensed by the Texas Medical
				  Board who has a financial interest in the facility or in any entity that has an
				  ownership interest in the facility;
(5) the name, medical license number, and
				  medical license expiration date of the medical chief of staff;
(6) the name, nursing license number, and
				  nursing license expiration date of the director of nursing;
(7) affirmation that at least one physician
				  licensed in the state of Texas and at least one registered nurse licensed in
				  the state of Texas will be on site during all hours of operation;
(8) information concerning the applicant and
				  the applicant's affiliates and managers, as applicable:
(A) denial, suspension, probation, or
				  revocation of a facility license in any state or any other enforcement action,
				  such as court civil or criminal action in any state;
(B) surrendering a license before expiration
				  of the license or allowing a license to expire in lieu of HHSC proceeding with
				  enforcement action;
(C) federal or
				  state (any state) criminal felony arrests or convictions;
(D) Medicare or Medicaid sanctions or
				  penalties relating to operation of a health care facility or home and community
				  support services agency;
(E)
				  operation of a health care facility or home and community support services
				  agency that has been decertified or terminated from participation in any state
				  under Medicare or Medicaid; or
(F)
				  debarment, exclusion, or contract cancellation in any state from Medicare or
				  Medicaid;
(9) for the
				  two-year period preceding the application date, information concerning the
				  applicant and the applicant's affiliates and managers, as applicable:
(A) federal or state (any state) criminal
				  misdemeanor arrests or convictions;
(B) federal, state (any state), or local tax
				  liens;
(C) unsatisfied final
				  judgments;
(D) eviction involving
				  any property or space used as a health care facility in any state;
(E) injunctive orders from any court;
				  or
(F) unresolved final federal or
				  state (any state) Medicare or Medicaid audit exceptions;
(10) the number of emergency treatment
				  stations;
(11) a copy of the
				  facility's patient transfer policy and procedure for the immediate transfer to
				  a hospital of patients requiring emergency care beyond the capabilities of the
				  facility developed in accordance with §
											509.65 of this chapter (relating
				  to Patient Transfer Policy) and signed by the chairman and the secretary of the
				  governing body that attests the date the policy was adopted by the governing
				  body and its effective date;
(12) a
				  copy of the facility's memorandum of transfer form, which contains at a minimum
				  the information described in §
											509.65 of this chapter;
(13) a copy of a written agreement the
				  facility has with a hospital, which provides for the prompt transfer to and the
				  admission by the hospital of any patient when services are needed but are
				  unavailable or beyond the capabilities of the facility in accordance with
				  §
											509.66 of this chapter (relating
				  to Patient Transfer Agreements); and
(14) a copy of a passing fire inspection
				  report indicating approval by the local fire authority in whose jurisdiction
				  the facility is based that is dated no earlier than one year before the opening
				  date of the facility.