26 Tex. Admin. Code § 558.17 – Application Procedures for a Renewal License

(a) An agency license is valid for two years. To continue providing services to clients after a license expires, an agency must renew the license.
(b) An agency must not provide incorrect or false information on a renewal application or an attachment to a renewal application or withhold information from a renewal application or an attachment to a renewal application. If an agency provides incorrect or false information on a renewal application or an attachment to a renewal application or withholds information from a renewal application or an attachment to a renewal application, HHSC may deny the renewal application as described in §97.21 of this subchapter (relating to Denial of an Application or a License) and assess an administrative penalty, as described in §97.602(e)(5) of this chapter (relating to Administrative Penalties).
(c) For each license period, an agency must provide services to at least one client to be eligible to renew its license.
(d) HHSC does not require an agency to admit a client under each category of service authorized under the license to be eligible to renew its license.
(e) An agency must document the services that the agency provided to a client and keep the documentation readily available for review by an HHSC surveyor.
(f) With each renewal application, an accredited agency must submit to HHSC a copy of the accreditation documentation that the agency receives from the accreditation organization.
(g) HHSC sends written notice of expiration of a license to an agency at least 120 days before the expiration date of the license. The written notice includes an application to renew the license and instructions for completing the application.
1. (1) If an agency does not receive notice of expiration from HHSC in accordance with this subsection, the agency must, at least 90 days before the expiration date of a license, notify HHSC in writing that it has not received notice of expiration and request a renewal application.
2. (2) An agency must submit to HHSC a complete and correct renewal application and the required license fee specified in §97.3 of this chapter (relating to License Fees), postmarked no later than the 45th day before the expiration date of the license.
3. (3) If an agency submits a renewal application that is postmarked after the 45th day before the expiration date of a license, but before the expiration date of the license, HHSC assesses the late fee set out in §97.3(b) of this chapter for failure to comply with paragraph (2) of this subsection.
4. (4) An agency must submit documents with the renewal application that are notarized copies or originals.
(h) After receiving a renewal application and the renewal license fee, HHSC reviews the application to determine if it is complete and correct. A complete and correct renewal application includes all requested documents and information, and the required fee.
1. (1) HHSC processes the renewal application according to the time frames in §97.31 of this chapter (relating to Time Frames for Processing and Issuing a License).
2. (2) If an agency decides not to continue the application process for a renewal license after submitting the renewal application and the renewal license fee, the agency must submit to HHSC a notarized statement requesting to withdraw the renewal application. HHSC does not refund the renewal license fee.
3. (3) HHSC notifies an agency, in writing, if an application does not include all documents and information. An agency must submit the missing documents or information to HHSC postmarked no later than 30 days after the date of the notice or HHSC considers the renewal application incomplete and denies the application. If HHSC denies the renewal application, HHSC does not refund the renewal license fee.
4. (4) If an agency receives a written notice from HHSC that a late fee is assessed in accordance with subsection (g) of this section, the agency's payment of the late fee must be postmarked no later than 30 days after the date of the notice or HHSC considers the renewal application incomplete and denies the application. If HHSC denies the renewal application, HHSC does not refund the renewal license fee.
(i) If an agency submits a renewal application to HHSC that is postmarked after the expiration date of the license, HHSC denies the renewal application and does not refund the renewal license fee. The agency is not eligible to renew the license and must cease operation on the date the license expires. An agency whose license expires must apply for an initial license in accordance with §97.13 of this subchapter (relating to Application Procedures for an Initial License).
(j) If an agency submits a timely renewal application in accordance with this section, and an action to revoke, suspend, or deny renewal of the license is pending at the time of submission, the agency may continue to operate, and the license is valid until the agency has had an opportunity for a formal hearing as described in §97.601 of this chapter (relating to Enforcement Actions). Until the action to revoke, suspend, or deny renewal of the license is completed, the agency must continue to submit a renewal application in accordance with this section. HHSC issues a renewal license only if HHSC determines the reason for the proposed action no longer exists.
(k) If a license holder fails to submit a timely renewal application in accordance with this section because the license holder is or was on active duty with the armed forces of the United States of America outside the state of Texas, the license holder may renew the license pursuant to this subsection.
1. (1) An individual having power of attorney from the license holder or other authority to act on behalf of the license holder may request renewal of the license. The renewal application must include a current address and telephone number for the individual requesting the renewal.
2. (2) An agency may request a renewal application before or after the expiration of the license.
3. (3) A copy of the official orders or other official military documentation showing that the license holder is or was on active military duty serving outside the state of Texas must be submitted to HHSC with the renewal application.
4. (4) A copy of the power of attorney from the license holder or other authority to act on behalf of the license holder must be submitted to HHSC with the renewal application.
5. (5) A license holder renewing a license under this subsection must pay the required renewal fee.
6. (6) A license holder may not operate the agency for which the license was obtained after the expiration of the license unless and until HHSC renews the license.
7. (7) This subsection applies to a license holder who is an individual or a partnership comprised of individuals, all of whom are or were on active duty with the armed forces of the United States of America serving outside the state of Texas.
(l) An applicant for a renewal license must comply with §97.30 of this subchapter (relating to Operation of an Inpatient Unit at Parent Agency) to operate an inpatient unit at the applicant's parent agency.

Source Note:The provisions of this §558.17 adopted to be effective June 1, 2006, 31 TexReg 1455; amended to be effective September 1, 2008, 33 TexReg 1149; amended to be effective January 15, 2009, 34 TexReg 252; amended to be effective July 1, 2012, 37 TexReg 4613; amended to be effective January 17, 2018, 43 TexReg 238; transferred effective May 1, 2019, as published in the April 12, 2019, issue of the Texas Register, 44 TexReg 1893.