A. A licensed HCBS
in an area or areas which have been affected by a non-declared emergency or
disaster may seek to inactivate its license, provided that the following
conditions are met:
1. the licensed HCBS
shall submit written notification to the Health Standards Section within 30
days of the date of the non-declared emergency or disaster stating that:
a. the HCBS has experienced an interruption
in the provisions of services as a result of events that are due to a
non-declared emergency or disaster;
b. the licensed HCBS intends to resume
operation as an HCBS provider in the same service area;
c. the licensed HCBS attests that the
emergency or disaster is the sole causal factor in the interruption of the
provision of services; and
d. the
licensed HCBSs initial request to inactivate does not exceed one year for the
completion of repairs, renovations, rebuilding or replacement of the facility.
NOTE: Pursuant to these provisions, an extension of the
30 day deadline for initiation of request may be granted at the discretion of
the department.
e.
Repealed.
2. the
licensed HCBS continues to pay all fees and costs due and owed to the
department including, but not limited to, annual licensing fees and outstanding
civil monetary penalties and/or civil fines; and
3. the licensed HCBS continues to submit
required documentation and information to the department, including but not
limited to cost reports.
4.
Repealed.
B. Upon
receiving a completed written request to temporarily inactivate a HCBS license,
the department shall issue a notice of inactivation of license to the
HCBS.
C. Upon the facility's
receipt of the department's approval of request to inactivate the facility's
license, the facility shall have 90 days to submit plans for the repairs,
renovations, rebuilding or replacement of the facility, if applicable, to the
OSFM and the OPH as required.
1. - 2.
Repealed.
D. The
licensed HCBS shall resume operating as an HCBS in the same service area within
one year of the approval of renovation/construction plans by the OSFM and the
OPH as required.
EXCEPTION: If the facility requires an extension of this
timeframe due to circumstances beyond the facility's control, the department
will consider an extended time period to complete construction or repairs. Such
written request for extension shall show facility's active efforts to complete
construction or repairs and the reasons for request for extension of facility's
inactive license. Any approval for extension is at the sole discretion of the
department.
1. Repealed.
E. Upon completion of repairs,
renovations, rebuilding or replacement of the facility, an HCBS which has
received a notice of inactivation of its license from the department shall be
allowed to reinstate its license upon the following conditions being met:
1. the HCBS shall submit a written license
reinstatement request to the licensing agency of the department;
2. the license reinstatement request shall
inform the department of the anticipated date of opening and shall request
scheduling of a licensing or physical environment survey, where applicable;
and
3. the license reinstatement
request shall include a completed licensing application with appropriate
licensing fees.
F. Upon
receiving a completed written request to reinstate an HCBS license, the
department may conduct a licensing or physical environment survey. The
department may issue a notice of reinstatement if the facility has met the
requirements for licensure including the requirements of this
Subsection.
G. No change of
ownership in the HCBS shall occur until such HCBS has completed repairs,
renovations, rebuilding or replacement construction and has resumed operations
as an HCBS.
H. The provisions of
this Subsection shall not apply to an HCBS which has voluntarily surrendered
its license and ceased operation.
I. Failure to comply with any of the
provisions of this Subsection shall be deemed a voluntary surrender of the HCBS
license.
Notes
La. Admin.
Code tit. 48, §
I-5025
Promulgated by the
Department of Health and Hospitals, Bureau of Health Services Financing, LR
38:72 (January 2012), Amended by the Department of Health, Bureau of Health
Services Financing,
LR
432506 (12/1/2017).
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2120.1.
