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What can a home health provider do if their license lapses pending renewal?

The Texas Health and Human Services Commission recently released a letter to provide clarity on the role of the Health and Human Services Commission’s (HHSC) Enforcement department’s role in situations where a long-term care center’s license lapses pending the renewal process. The guidance applies to Assistant Living Facilities, Day Activity and Health Services Facilities, Home and Community Support Services Agencies, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions, Nursing Facilities and Prescribed Pediatric Extended Care Center providers.

The letter provides an opportunity to discuss the status of the organization’s license during these situations.

What happens if my organization’s license is set to expire?

In most cases, the license expiration date can extend beyond the date printed on the license. Exceptions include an immediate revocation or suspension.

What if the organization needs proof of a valid license during this time?

The organization can request a Renewal in Progress Letter from the HHSC Long-term Care Regulation (LTCR) Licensing and Credentialing if an entity like an insurance provider requests proof of a valid license. You could also refer the entity who requires the verification to contact the office directly.

How will I know if the feds renewed or denied our organization’s license?

The agency will send notification of a denial. If not received and the organization completed the renewal process, the organization can generally continue to use the license as intended.

What if my organization’s license is denied?

Organizations who receive a denial can appeal the HHSC’s findings. The agency should include information on the appeal process within the notice. It is also important to point out that organizations do not have to go through this process on their own. You can delegate the matter to legal counsel to fight for your organization’s rights on your behalf, while you focus your energies on helping your organization provide quality care to its residents.

Attorney John Rivas is responsible for this communication