Licensure, Inspections and Enforcement
About 7 of every 50 questions on a Texas NFA State Exam practice exam come from this topic.
Sources checked
What to know
Anyone who establishes, conducts or maintains a Texas nursing facility needs a license. Applicants disclose owners and controlling persons, file a sworn affidavit of satisfactory compliance history, and are judged on criminal history and survey records. A first-time license holder gets a one-year probationary license; regular licenses last three years, never renew automatically, and must be renewed no later than the 45th day before expiration (later filings within that window owe a late fee). Licensed capacity may not be exceeded, and adding beds needs approval and a new license. Licenses cannot be transferred: a change of ownership needs a 90-day temporary license, filed at least 30 days ahead and decided within 31 days (15 on the expedited list). Section 554.214 lists denial grounds, with mandatory denial for Medicare or Medicaid exclusion. HHSC makes at least one unannounced inspection a year on a statewide average, some between 5 p.m. and 8 a.m. Facilities get exit conferences, give the family council the statement of violations within five working days, and file a plan of correction within 10 working days. Enforcement covers suspension (15 days to request a hearing), 10-day emergency orders, and a 45-day right to correct some violations.
Where it comes from
- 26 TAC §§ 554.201, 554.205, 554.206, 554.208
- 26 TAC §§ 554.210, 554.214, 554.215
- 26 TAC §§ 554.2002, 554.2004, 554.2006, 554.2008
- 26 TAC §§ 554.2104, 554.2108, 554.2114
Try a practice question
Under Chapter 554, who must hold a nursing facility license?
- AAny person or governmental unit that operates a facility
- BOnly facilities that participate in Medicare or Medicaid
- COnly for-profit owners of facilities with 60 or more beds
- DOnly the administrator of record named on the application
Show the answer
Any person or governmental unit that operates a facility. A person or governmental unit, acting jointly or severally, must be licensed to establish, conduct or maintain a facility. Licensure is not limited by ownership type, size or program participation.
26 TAC § 554.201(a)
Ready for a full run? The Texas Nursing Facility Administrator State Exam Practice Test is 50 questions in 120 minutes, scored at 75%. For the official exam's details, see Texas Nursing Facility Administrator License Exam Requirements.