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: Texas Administrative CodeTITLE 40PART 1CHAPTER 97SUBCHAPTER BRULE §97.13SOCIAL SERVICES AND ASSISTANCEDEPARTMENT OF AGING AND DISABILITY SERVICESLICENSING STANDARDS FOR HOME ANDCOMMUNITY SUPPORT SERVICES AGENCIESCRITERIA AND ELIGIBILITY, APPLICATIONPROCEDURES, AND ISSUANCE OF A LICENSEApplication Procedures for an Initial License(a) The following staff must complete a presurvey conference seminar before submitting an applicationfor a license:(1) the administrator and alternate administrator (all license categories); and(2) the supervising nurse and alternate supervising nurse (licensed home health services with or withouthome dialysis designation, licensed and certified home health services with or without home dialysisdesignation, and hospice services license categories).(b) When applying for a license, an applicant must not:(1) provide incorrect or false information; or(2) withhold information.(c) Upon request, DADS furnishes a person with an application packet for a license.(d) An applicant may request to be licensed in one or more of the following categories:(1) licensed and certified home health services;(2) licensed and certified home health services with home dialysis designation;(3) licensed home health services;(4) licensed home health services with home dialysis designation;(5) hospice services; or(6) personal assistance services.http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPag...oc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=97&rl=13 (1 of 3)6/1/2006 12:39:58 AM
: Texas Administrative Code(e) DADS does not require an agency to be licensed in more than one category if the category for whichthe agency is licensed covers the services the agency provides.(f) An applicant must complete and furnish all documents and information that DADS requests inaccordance with instructions provided with the application packet. All submitted documents must benotarized copies or originals.(g) Upon receipt of an application packet and license fee, DADS reviews the material to determinewhether it is complete and correct. A complete and correct application packet includes all documents andinformation that DADS requests as part of the application process. If DADS receives a partial fee, theapplication packet and monies are returned to the applicant.(1) DADS processes the application packet in accordance with time frames established in §97.31 of thischapter (relating to Time Frames for Processing and Issuing a License).(2) If an applicant decides not to continue the application process for an initial license after submittingthe application packet and license fee, the applicant must submit to DADS a written request to withdrawthe application. DADS does not refund the license fee.(3) If an applicant receives a notice from DADS that some or all of the information required by thissection is missing or incomplete, the applicant must submit the required information no later than 30days after the date of the notice. If an applicant fails to submit the required information within 30 daysafter the notice date, DADS considers the application packet incomplete and denies the application. IfDADS denies the application, DADS does not refund the license fee.(h) An applicant who has requested the category of licensed and certified home health services on theinitial license application must also make an application for certification by CMS as a Medicare-certifiedagency under the Social Security Act, Title XVIII.(1) Pending approval by CMS, the applicant:(A) receives an initial license reflecting the category of licensed home health services if the applicantmeets the criteria for a license; and(B) complies with the Medicare conditions of participation for home health agencies in 42 Code ofFederal Regulations, Part 484, as if the applicant were dually certified.(2) If CMS certifies an agency to participate in the Medicare program during the initial license period,DADS sends a notice to the agency that the category of licensed and certified home health services hasbeen added to the license. If the agency wants to delete the licensed home health services category oncethe category of licensed and certified home health services has been added, the agency must submit ahttp://info.sos.state.tx.us/pls/pub/readtac$ext.TacPag...oc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=97&rl=13 (2 of 3)6/1/2006 12:39:58 AM
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