Texas Register, Volume 27, Number 4, Pages 529-656, January 25, 2002 Page: 591
529-656 p. ; 28 cm.View a full description of this periodical.
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SUBCHAPTER B. APPLICATION
PROCEDURES
40 TAC 90.20
(Editor's note: The text of the following section proposed for repeal
will not be published. The section may be examined in the offices of the
Texas Department of Human Services or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Health and Safety Code, Chap-
ter 252, which authorizes DHS to license and regulate interme-
diate care facilities for persons with mental retardation or related
conditions.
The repeal implements the Health and Safety Code, 252.001
- 252.186.
90.20. Time Periods for Processing License Applications.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State, on January 14,
2002.
TRD-200200144
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 438-3734
40 TAC 90.20, 90.21
The sections are proposed under the Health and Safety Code,
Chapter 252, which authorizes DHS to license and regulate in-
termediate care facilities for persons with mental retardation or
related conditions.
The sections implement the Health and Safety Code, 252.001
- 252.186.
90.20. Plan Review Fees.
(a) The Texas Department of Human Services (DHS) charges a
fee to review plans for new buildings, additions, conversion of buildings
not licensed by DHS, or remodeling of existing licensed facilities.
(b) The fee schedule is as follows.
(1) New small prompt/slow facility (4 to 16 beds based on
residential board and care occupancy of the Life Safety Code, Chapter
21-2, prompt or slow evacuation capability):
(A) single story--$900;
(B) multiple story--$1,100; and
(C) additions or remodeling--2% of construction cost
with a $350 minimum fee and a maximum of 50% of the plan review
fee for a new facility of the same type.
(2) New large prompt/slow facility (17 or more beds based
on residential board and care occupancy of the Life Safety Code, Chap-
ter 21-3, prompt or slow evacuation capability):
(A) single story:
(i) facilities with 17-80 beds--$1,100;(ii) facilities with 81-120 beds--$1,650; and
(iii) facilities with 121+ beds--$14 per bed.
(B) multiple story:
(i) facilities with 17-80 beds--$1,650;
(ii) facilities with 81-120 beds--$2,150; and
(iii) facilities with 121+ beds--$18 per bed.
(C) additions or remodeling--2% of construction cost
with a $400 minimum fee and a maximum of 50% of the plan review
fee for a new facility of the same type.
(3) New small impractical facility (4 to 16 beds based on
residential board and care occupancy of the Life Safety Code, Chapter
21-2, impractical evacuation capability):
(A) single story--$1,100;
(B) multiple story--$1,650;
(C) additions or remodeling--2% of construction cost
with a $350 minimum fee and a maximum of 50% of the plan review
fee for a new facility of the same type.
(4) New large impractical facility (17 or more beds based
on the health care occupancy of the Life Safety Code, Chapter 12):
(A) single story:
(i) facilities with 17-80 beds--$1,600;
(ii) facilities with 81-120 beds--$2,150;
(iii) facilities with 121+ beds--$18 per bed.
(B) multiple story:
(i) facilities with 17-80 beds--$2,100;
(ii) facilities with 81-120 beds--$2,650;
(iii) facilities with 121+ beds--$22 per bed.
(C) additions or remodeling--2% of construction cost
with $500 minimum fee and a maximum of 50% of the plan review
fee for a new facility of the same type.
90.21. Time Periods for Processing License Applications.
(a) The Texas Department of Human Services (DHS) only pro-
cesses applications received within 60 days before the requested date
of the issuance of the license.
(b) An application is complete when all requirements for li-
censing 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 appli-
cant complies with the standards.
(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.
(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.
(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 thePROPOSED RULES January 25, 2002 27 TexReg 591
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Texas. Secretary of State. Texas Register, Volume 27, Number 4, Pages 529-656, January 25, 2002, periodical, January 25, 2002; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113987/m1/62/: accessed May 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.