HHSC has adopted amendments regarding a change of ownership in 40 TAC Chapter 90, Intermediate Care Facilities for Individuals with an Intellectual Disabitlity or Related Conditions, that went into effect on October 11, 2017. The adopted rules:
- Revise requirements related to a change of ownership of a license holder for an intermediate care facility for individuals with an intellectual disability or related conditions (ICF/IID);
- require a license holder that does not undergo a change of ownership but adds an owner with a disclosable interest to notify HHSC of the addition no later than 30 days after the addition of the owner;
- allow HHSC to conduct a desk review instead of an on-site health survey if the applicant for a license resulting from a change of ownership meets certain requirements.
Under the adopted rules, a change of ownership occurs when the federal taxpayer identification number of a license holder changes. When this occurs, a license holder is required to apply for a new license. If the ownership structure of the license holder changes but the license holder is the same legal entity, as evidenced by having the same federal tax identification number, the license holder is not required to apply for a new license.