(a) This section applies only to an end stage renal disease (ESRD) facility located in a county for which:
- (1) the governor declared a state of disaster due to a pandemic or epidemic pursuant to Texas Government Code Chapter 418 (relating to Emergency Management);
- (2) the commissioner of the Texas Department of State Health Services determined that a public health disaster exists, pursuant to Texas Health and Safety Code Chapter 81 (relating to Communicable Diseases; Public Health Disasters; Public Health Emergencies); and
- (3) the Texas Health and Human Services Commission (HHSC) designated this section as applicable, pursuant to paragraphs (1) and (2) of this subsection.
- (b) Notwithstanding §507.13 of this subchapter (relating to License Renewal), an ESRD facility applying for a renewal license may request an exemption for the current fire safety survey requirement by providing evidence to HHSC that the local fire authority is not performing fire inspections.
Source Note:The provisions of this §507.23 adopted to be effective December 23, 2025, 50 TexReg 8289.