1. (a) An agency with a current license to provide licensed home health services, licensed and certified home health services, or personal assistance services may qualify for a branch office license if the parent agency:

   1. (1) is found to be in substantial compliance with the statute and this chapter; and
   2. (2) has no enforcement action pending against the license.
2. (b) Upon request, DADS furnishes a parent agency with an application packet for a branch office license.
3. (c) An agency must submit to DADS a complete and correct application packet and the required license fee for a branch office license in accordance with the instructions provided with the application packet. A complete and correct application packet includes all documents and information that DADS requests as part of the application process.

4. (d) DADS reviews an application packet for a branch office license to determine whether it is complete and correct.

   1. (1) DADS processes an application packet for a branch office license 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 receives a notice from DADS that some or all of the information required by this section is missing or incomplete, the agency must submit the required information no later than 30 days after the date of the notice. If an agency fails to submit the required information within 30 days after the notice date, DADS considers the application for a branch office license incomplete and denies the application. If DADS denies the application, DADS does not refund the license fee.
5. (e) A designated survey office conducts a review of an agency's request to establish a branch office. The survey office makes a recommendation to approve or disapprove the branch office request.

6. (f) DADS approves or denies the application for a branch office license after considering the designated survey office's recommendation. If DADS denies the application, DADS sends the agency a written notice:

   1. (1) informing the agency of its decision; and
   2. (2) providing the agency with an opportunity to appeal its decision through a formal hearing process as described in §97.601 of this chapter (relating to Enforcement Actions).
7. (g) CMS approves or denies the branch location if an agency is licensed to provide licensed and certified home health services.
8. (h) A branch office license expires on the same expiration date as the parent agency's license, and the agency may renew it with the parent agency's license.
9. (i) DADS mails the branch office license to the parent agency. The branch office must post the license in a conspicuous place on the licensed branch office premises.
10. (j) A branch office must comply with §97.321 of this title (relating to Standards for Branch Offices) and the additional standards that relate to the agency's authorized categories under the license.
11. (k) DADS may conduct a survey of a branch office after issuance of the license to verify compliance with the statute and this chapter.

Source Note:The provisions of this §558.27 adopted to be effective June 1, 2006, 31 TexReg 1455; transferred effective May 1, 2019, as published in the April 12, 2019, issue of the Texas Register, 44 TexReg 1893.