1. (a) The Texas Department of Human Services (DHS) only processes applications received within 60 days before the requested date of the issuance of the license.
2. (b) An application is complete when all requirements for licensing have been met, including compliance with standards. If an inspection for compliance is required, the application is not complete until the inspection has occurred, reports are reviewed, and the applicant complies with the standards.
3. (c) If the application is postmarked by the filing deadline, the application is considered to be timely filed if received in the Facility Enrollment Section of the state office of Long Term Care-Regulatory, Texas Department of Human Services, within 15 days of the postmark.
4. (d) Long Term Care-Regulatory notifies facilities within 30 days of receipt of the application if any of the following applications are incomplete: initial application, change of ownership, renewal, and increase in capacity.
5. (e) A license is issued or denied within 30 days of the receipt of a complete application or within 30 days before the expiration date of the license. DHS may delay action on an application for renewal of a license for up to six months if the facility is subject to a proposed or pending licensure termination action on or within 30 days before the expiration date of the license. The issuance of the license constitutes DHS's official written notice to the facility of the acceptance and filing of the application.

6. (f) Reimbursement of fees.

   1. (1) In the event the application is not processed in the time periods as stated, the applicant has a right to request of the program director full reimbursement of all filing fees paid in that particular application process. If the program director does not agree the established periods have been violated or finds good cause existed for exceeding the established periods, the request will be denied. Good cause for exceeding the period established is considered to exist if:

      1. (A) the number of applications to be processed exceeds by 15% or more the number processed in the same calendar quarter of the preceding year;
      2. (B) another public or private entity used in the application process caused the delay; or
      3. (C) other conditions existed giving good cause for exceeding the established periods.
   2. (2) If the request for full reimbursement is denied, the applicant may appeal directly to the commissioner of DHS for resolution of the dispute. The applicant must send a written statement to the commissioner that describes the request for reimbursement and the reasons for it. The program also may send a written statement to the commissioner that describes the program's reasons for denying reimbursement. The commissioner makes a timely decision concerning the appeal and notifies the applicant and the program in writing of the decision.

Source Note:The provisions of this §551.21 adopted to be effective April 1, 2002, 27 TexReg 2250; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883.