La. Admin. Code tit. 48, § I-5026 - Cessation of Business
A. Except
as provided in
§5024 and
§5025 of these licensing regulations, a
license shall be immediately null and void if an HCBS provider becomes
non-operational.
B. A cessation of
business is deemed to be effective the date on which the HCBS provider ceased
offering or providing services to the community and/or is considered
non-operational in accordance with
§5005. E.1 b
C. Upon the cessation of business, the HCBS
provider shall immediately return the original license to the
department.
D. Cessation of
business is deemed to be a voluntary action on the part of the provider. The
HCBS provider does not have a right to appeal a cessation of
business.
E. Prior to the effective
date of the closure or cessation of business, the HCBS provider shall:
1. give 30 day's advance written notice to:
a. each client or client's legal
representative, if applicable;
b.
each client's physician;
c.
HSS;
d. OCDD;
e. OAAS;
f. support coordination agency for waiver
participants;
g. state contractor
for state plan LT-PCS services;
2. provide for a safe and orderly discharge
and transition of all of the HCBS provider's client's.
F. In addition to the advance notice, the
provider shall submit a written plan for the disposition of client services
related records for approval by the department. The plan shall include the
following:
1. the effective date of the
closure;
2. provisions that comply
with federal and state laws on storage, maintenance, access, and
confidentiality of the closed provider's client services related
records;
3. the name and contact
information for the appointed custodian(s) who shall provide the following:
a. access to records and copies of records to
the patient or authorized representative, upon presentation of proper
authorization(s); and
b. physical
and environmental security that protects the records against fire, water,
intrusion, unauthorized access, loss and destruction;
4. public notice regarding access to records,
in the newspaper with the largest circulation in close proximity to the closing
provider, at least 15 day's prior to the effective date of closure.
G. If an HCBS provider fails to
follow these procedures, the owners, managers, officers, directors, and
administrators may be prohibited from opening, managing, directing, operating,
or owning an HCBS for a period of two years.
H. Once any HCBS provider has ceased doing
business, the provider shall not provide services until the provider has
obtained a new initial HCBS license.
Notes
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