Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 135 - AMBULATORY SURGICAL CENTERS › Subchapter A - OPERATING REQUIREMENTS FOR AMBULATORY SURGICAL CENTERS › Section 135.20 - Initial Application and Issuance of License

Current through Reg. 49, No. 28; July 12, 2024
(a) All first-time applications for
				  licensing, including those from unlicensed operating ambulatory surgical
				  centers (ASCs) and licensed ASCs for which a change of ownership or relocation
				  is anticipated, are applications for an initial license.
(b) Upon written or verbal request, the
				  department shall furnish a person with an application form for an ASC license.
				  The applicant shall submit to the department a completed original application
				  and the nonrefundable license fee.
(1) The
				  applicant shall provide:
(A) the name and
				  address of the owner of the ASC, or a list of names and addresses of persons
				  who own an interest in the ASC;
(B)
				  the name, Texas license number, and license expiration date of the medical
				  chief of staff;
(C) the number of
				  physicians, dentists, podiatrists and advanced practice registered nurses on
				  staff at the ASC;
(D) the name,
				  Texas license number, and license expiration date of the director of nursing of
				  the ASC;
(E) whether the ASC has
				  applied for certification under Title XVIII of the Social Security Act;
				  and
(F) number of surgery
				  suites.
(G) the following data
				  concerning the applicant, the applicant's affiliates, and the managers of the
				  applicant:
(i) denial, suspension, probation,
				  or revocation of an ambulatory surgical center license in any state, a license
				  for any health care facility or a license for a home and community support
				  services agency (agency) in any state; or any other enforcement action, such as
				  (but not limited to) court civil or criminal action in any state;
(ii) denial, suspension, probation, or
				  revocation of or other enforcement action against an ambulatory surgical center
				  license in any state, a license for any health care facility in any state, or a
				  license for an agency in any state which is or was proposed by the licensing
				  agency and the status of the proposal;
(iii) surrendering a license before
				  expiration of the license or allowing a license to expire in lieu of the
				  department proceeding with enforcement action;
(iv) federal or state (any state) criminal
				  felony arrests or convictions;
(v)
				  Medicare or Medicaid sanctions or penalties relating to the operation of a
				  health care facility or agency;
(vi) operation of a health care facility or
				  agency that has been decertified or terminated from participation in any state
				  under Medicare or Medicaid; or
(vii) debarment, exclusion, or contract
				  cancellation in any state from Medicare or Medicaid; and
(H) for the two-year period preceding the
				  application date, the following data concerning the applicant, the applicant's
				  affiliates, and the managers of the applicant:
(i) federal or state (any state) criminal
				  misdemeanor arrests or convictions;
(ii) federal or state (any state) tax
				  liens;
(iii) unsatisfied final
				  judgments;
(iv) eviction involving
				  any property or space used as an ambulatory surgical center or health care
				  facility in any state;
(v)
				  injunctive orders from any court; or
(vi) unresolved final federal or state (any
				  state) Medicare or Medicaid audit exceptions.