Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 551 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS › Subchapter B - APPLICATION PROCEDURES › Section 551.12 - Building Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) Local fire
				  authority. All applications for licensure must include the written approval of
				  the local fire authority having jurisdiction that the facility and its
				  operation meet local fire ordinances.
(b) Local health authority. The following
				  procedures allow the local health authority to provide recommendations to HHSC
				  concerning licensure of a facility.
(1) New
				  facility. The sponsor of a new facility under construction or a previously
				  unlicensed facility must provide to HHSC a copy of a dated written notice to
				  the local health authority that construction or modification has been or will
				  be completed by a specific date. The sponsor must also provide a copy of a
				  dated written notice of the approval for occupancy by the local fire marshal or
				  local building code authority, if applicable. The local health authority may
				  provide recommendations to HHSC regarding the status of compliance with local
				  codes, ordinances, or regulations. An application for a new facility that was
				  not included in the plan approved under Texas Health and Safety Code §
											533A.062
				  (relating to Plan on Long-Term Care for Persons with an Intellectual
				  Disability) will not be approved by HHSC, as outlined under § 551.14 of
				  this subchapter (relating to Increase in Capacity).
(2) Increase in capacity. The license holder
				  must submit an application through the online portal for an increase in
				  capacity from HHSC. The license holder must arrange for and have the inspection
				  of the facility completed by the local fire marshal before the application is
				  submitted. Upon completion of the inspection, the license holder must notify
				  the local health authority and HHSC by uploading the letter with the
				  application through the online portal if the facility meets local code
				  requirements. HHSC approves the application only if the facility is found to be
				  in compliance with the standards. Approval to occupy the increased capacity,
				  which cannot exceed six total residents, may be granted by HHSC prior to the
				  issuance of the license covering the increased capacity after inspection by
				  HHSC if standards are met. An application for an increase in capacity that was
				  not included in the plan approved under Texas Health and Safety Code §
											533A.062
				  (relating to Plan on Long-Term Care for Persons with an Intellectual
				  Disability) will not be approved by HHSC, as outlined under § 551.14 of
				  this subchapter (Relating to Increase in Capacity).
(3) Change of ownership. The applicant for a
				  change of ownership license must provide to HHSC a copy of a letter notifying
				  the local health authority of the request for a change of ownership by
				  uploading the letter into the change of ownership application through the
				  online portal.
(4) Renewal. HHSC
				  sends the local health authority a copy of HHSC's license renewal notice
				  specifying the expiration date of the facility's current license. The local
				  health authority may provide recommendations to HHSC regarding the status of
				  compliance with local codes, ordinances, or regulations. The local authority
				  may also recommend that a state license be issued or denied; however, the final
				  decision on licensure status remains with HHSC.
(5) Relocation. Prior to relocation of a
				  facility, a program provider must receive HHSC approval of a facility
				  relocation by following the application process through the online portal. If
				  HHSC approves the application for relocation, HHSC will initiate licensure and
				  certification action of the relocated facility. The facility must provide a
				  copy of the letter notifying the local health authority of a change in
				  location.