A. The license of an HCBS provider is not
transferable or assignable and cannot be sold.
B. A change of ownership (CHOW) of the HCBS
provider shall not be submitted at time of the annual renewal of the provider's
license.
C. Before an initial
license can be issued to the new owner, all licensing application requirements
shall be:
1. completed by the applicant in
accordance with the provisions of §5007; and
2. submitted to the department for
approval.
D. The
applicant shall submit the following licensing requirements to the department:
1. the completed HCBS license application and
non-refundable fee;
2. disclosure
of ownership documentation;
3.
proof of financial viability to include:
a. a
line of credit issued from a federally insured, licensed lending institution in
the amount of at least $50,000 that is current at the time of the application
for licensure and is issued to/in the name of the applicant at the geographic
location shown on the application for licensure;
b. general and professional liability
insurance of at least $300,000 that is current and in effect at the time of
application for licensure; and
c.
worker's compensation insurance that is current and in effect at the time of
application for licensure.
NOTE: The LDH Health Standards Section shall specifically
be identified as the certificate holder on these policies pursuant to
§5014. D.3 a-c and any
certificates of insurance issued as proof of insurance by the insurer or
producer (agent). The policy shall have a cancellation/change statement
requiring notification of the certificate holder 30 days prior to any
cancellation or change of coverage. 4. If center-based services such as adult
day care or center-based respite are also being acquired in the change of
ownership, the prospective new owner shall be required to submit approvals for
occupancy from OPH and the State Fire Marshal. Such approvals shall be issued
under the name of the center as given by the new owner.
E. An HCBS provider may
not undergo a CHOW if any of the following conditions exist:
1. licensure is provisional, under revocation
or denial of renewal;
2. is in a
settlement agreement with the department;
3. has been excluded from participation from
the Medicaid program;
4. has ceased
to operate and does not meet operational requirements to hold a license as
defined by §5031, Business Location, and in accordance with §5026, Cessation of
Business.
F. The
department may deny approval of the CHOW for any of the reasons a license may
be revoked or denied renewal pursuant to these licensing provisions.
G. If the CHOW results in a change of
geographic address, an on-site survey may be required prior to issuance of the
new license.
Notes
La. Admin.
Code tit. 48, §
I-5014
Promulgated by the Department of Health, Bureau of Health Services
Financing,
LR
432502 (12/1/2017).
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2120.1.
