Sec. 142.004. LICENSE APPLICATION. (a) An applicant for a license to provide home health, hospice, habilitation, or personal assistance services must:
(1) file a written application on a form prescribed by the department indicating the type of service the applicant wishes to provide;
(2) cooperate with any surveys required by the department for a license; and
(3) pay the license fee prescribed by this chapter.
(b) In addition to the requirements of Subsection (a), if the applicant is a certified agency when the application for a license to provide certified home health services is filed, the applicant must maintain its Medicare certification. If the applicant is not a certified agency when the application for a license to provide certified home health services is filed, the applicant must establish that it is in the process of receiving its certification from the United States Department of Health and Human Services.
(c) The executive commissioner by rule shall require that, at a minimum, before the department may approve a license application, the applicant must provide to the department:
(1) documentation establishing that, at a minimum, the applicant has sufficient financial resources to provide the services required by this chapter and by the department during the term of the license;
(2) a list of the management personnel for the proposed home and community support services agency, a description of personnel qualifications, and a plan for providing continuing training and education for the personnel during the term of the license;
(3) documentation establishing that the applicant is capable of meeting the minimum standards established by the executive commissioner relating to the quality of care;
(4) a plan that provides for the orderly transfer of care of the applicant's clients if the applicant cannot maintain or deliver home health, hospice, habilitation, or personal assistance services under the license;
(5) identifying information on the home and community support services agency owner, administrator, and chief financial officer to enable the department to conduct criminal background checks on those persons;
(6) identification of any controlling person with respect to the applicant; and
(7) documentation relating to any controlling person identified under Subdivision (6), if requested by the department and relevant to the controlling person's compliance with any applicable licensing standard required or adopted under this chapter.
(d) Information received by the department relating to the competence and financial resources of the applicant or a controlling person with respect to the applicant is confidential and may not be disclosed to the public.
(e) A home and community support services agency owned or operated by a state agency directly providing services is not required to provide the information described in Subsections (c)(1) and (5).
(f) The department shall evaluate and consider all information collected during the application process.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 45, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 800, Sec. 7, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1191, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 276, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0398, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 826 (H.B. 4001), Sec. 5, eff. September 1, 2015.
Structure Texas Statutes
Subtitle G - Licenses and Other Regulation
Chapter 142 - Home and Community Support Services
Subchapter A. Home and Community Support Services License
Section 142.0011. Scope, Purpose, and Implementation
Section 142.0012. Controlling Person
Section 142.002. License Required
Section 142.0025. Temporary License
Section 142.003. Exemptions From Licensing Requirement
Section 142.004. License Application
Section 142.005. Compliance Record in Other States
Section 142.006. License Issuance; Term
Section 142.0061. Possession of Sterile Water or Saline
Section 142.0062. Possession of Certain Vaccines or Tuberculin
Section 142.0063. Possession of Certain Dangerous Drugs
Section 142.0065. Display of License
Section 142.007. Notice of Drug Testing Policy
Section 142.008. Branch Office
Section 142.0085. Alternate Delivery Site License
Section 142.009. Surveys; Consumer Complaints
Section 142.0092. Consumer Complaint Data
Section 142.0093. Retaliation Prohibited
Section 142.0094. Use of Regulatory Survey Reports and Other Documents
Section 142.0104. Change in Application Information
Section 142.0105. License Renewal
Section 142.011. Denial, Suspension, or Revocation of License
Section 142.012. Powers and Duties
Section 142.014. Civil Penalty
Section 142.0145. Violation of Law Relating to Advance Directives
Section 142.017. Administrative Penalty
Section 142.0171. Notice; Request for Hearing
Section 142.0172. Hearing; Order
Section 142.0173. Notice and Payment of Administrative Penalty; Judicial Review; Refund
Section 142.0174. Use of Administrative Penalty
Section 142.0175. Expenses and Costs for Collection of Civil or Administrative Penalty
Section 142.018. Reports of Abuse, Exploitation, or Neglect
Section 142.019. Certain Physician Referrals Prohibited
Section 142.020. Disposal of Special or Medical Waste
Section 142.0201. Registration for Evacuation; Disaster Preparedness