Section 558.11 - Criteria and Eligibility for Licensing(a) An applicant for a license must not admit a client or initiate services until the applicant completes the application process and receives an initial license.(b) A first-time application for a license is an application for an initial license.(c) An application for a license when there is a change of ownership is an application for an initial license.(d) A separate license is required for each place of business as defined in § 558.2 of this chapter (relating to Definitions).(e) An agency's place of business must be located in and have an address in Texas. An agency located in another state must receive a license as a parent agency in Texas to operate as an agency in Texas.(f) An applicant must be at least 18 years of age.(g) Before issuing a license, HHSC considers the background of: (2) a controlling person of the applicant;(3) a person with a disclosable interest;(4) an affiliate of the applicant; and(5) the chief financial officer.(h) Before issuing a license, HHSC considers the background and qualifications of the administrator and alternate administrator in accordance with § 558.244 of this chapter (relating Administrator Qualifications and Conditions and Supervising Nurse Qualifications).(i) HHSC may deny an application for an initial license or for renewal of a license if a person described in subsection (g) or (h) of this section: (1) on the date of the application: (A) is subject to denial or refusal as described in Chapter 560 of this title (relating to Denial or Refusal of License) during the time frames described in that chapter;(B) has an unsatisfied final judgment in any state or other jurisdiction; or(C) is delinquent on child support obligations (Texas Family Code Chapter 232);(2) for two years preceding the date of the application, has a history in any state or other jurisdiction of any of the following: (A) an unresolved federal or state tax lien;(B) an eviction involving any property or space used as an inpatient hospice agency; or(C) an unresolved final Medicare or Medicaid audit exception; or(3) for 12 months preceding the date of the application, has a history in any state or other jurisdiction of any of the following: (A) denial, suspension, or revocation of an agency license or a license for a health care facility;(B) surrendering a license before expiration or allowing a license to expire instead of the licensing authority proceeding with enforcement action;(C) a Medicaid or Medicare sanction or penalty relating to the operation of an agency or a health care facility;(D) operating an agency that has been decertified in any state under Medicare or Medicaid; or(E) debarment, exclusion, or involuntary contract cancellation in any state from Medicare or Medicaid.26 Tex. Admin. Code § 558.11
The provisions of this §558.11 adopted to be effective June 1, 2006, 31 TexReg 1455; amended to be effective December 1, 2006, 31 TexReg 9620; amended to be effective September 1, 2009, 34 TexReg 5139; amended to be effective January 18, 2012, 37 TexReg 127; Transferred from Title 40, Chapter 97 by Texas Register, Volume 44, Number 15, April 12, 2019, TexReg 1893, eff. 5/1/2019; Amended by Texas Register, Volume 46, Number 15, April 9, 2021, TexReg 2429, eff. 4/25/2021