- (a) The application receipt date for an initial license or a renewal license is the date the Texas Health and Human Services Commission (HHSC) receives the application and fee.
- (b) An initial license application is complete when HHSC receives, reviews, and finds acceptable the information described in §507.12 of this subchapter (relating to Application and Issuance of Initial License).
- (c) A renewal license application is complete when HHSC receives, reviews, and finds acceptable the information described in §507.13 of this subchapter (relating to License Renewal).
- (d) An application for a change of ownership or relocation is complete when HHSC receives, reviews, and finds acceptable the information described in §507.14 of this subchapter (relating to Change of Ownership) or §507.15 of this subchapter (relating to Relocation).
- (e) An application for a request in change in services or number of stations is complete when HHSC receives, reviews, and finds acceptable the information described in §507.16 of this subchapter (relating to Change in Status). HHSC acknowledges receipt of a request for change in services or number of stations within 15 calendar days after receipt.
(f) HHSC processes an end stage renal disease (ESRD) facility initial license or a renewal license in accordance with the following time periods.
(1) After receiving an application, HHSC takes one of the following actions within 45 calendar days:
- (A) issues a license for a complete and approved application; or
- (B) for an incomplete application, sends a written notice to the applicant describing the documents or information required to complete the application.
- (2) After HHSC determines an application is complete per subsections (b) - (e) of this section, HHSC issues a license for an approved application within 45 calendar days.
- (g) If HHSC does not process an application in the time periods stated in subsection (f) of this section, the applicant has the right to request HHSC to fully reimburse the fee paid. If HHSC does not agree that the established periods have been violated or finds good cause, in accordance with subsection (h) of this section, existed for exceeding the established periods, HHSC denies the request.
(h) The following circumstances are good cause for HHSC exceeding the established time period:
- (1) the number of applications for licenses to be processed exceeds by 15 percent, or more, the number processed in the same calendar quarter the preceding year;
- (2) another public or private entity utilized in the application process caused the delay; or
- (3) other conditions existed which gave good cause for HHSC exceeding the established periods.
- (i) If HHSC denies the request for full reimbursement authorized by subsection (g) of this section, the applicant may appeal the decision to the executive commissioner. The applicant may request reimbursement in writing to the executive commissioner of up to the amount of all filing fees paid to HHSC. The executive commissioner shall make a final decision based on facts related to the application processing and good cause and provide written notification of the decision to the applicant.
Source Note:The provisions of this §507.19 adopted to be effective December 23, 2025, 50 TexReg 8289.