La. Admin. Code tit. 48, § I-6225 - Cessation of Business
A. Except
as provided in
§6295 of this Chapter, a license shall be
immediately null and void if a TGH ceases to operate.
B. A cessation of business is deemed to be
effective the date on which the TGH stopped offering or providing services to
the community.
C. Upon the
cessation of business, the 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 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 TGH shall:
1. give 30 days advance written notice to:
a. HSS;
b. the prescribing physician; and
c. the parent(s) or legal guardian or legal
representative of each client; and
2. provide for an orderly discharge and
transition of all of the clients in the facility.
F. In addition to the advance notice of
voluntary closure, the TGH shall submit a written plan for the disposition of
client medical records for approval by the department. The plan shall include
the following:
1. the effective date of the
voluntary closure;
2. provisions
that comply with federal and state laws on storage, maintenance, access, and
confidentiality of the closed providers clients medical records;
3. an appointed custodian(s) who shall
provide the following:
a. access to records
and copies of records to the client 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; and
4.
public notice regarding access to records, in the newspaper with the largest
circulation in close proximity to the closing provider, at least 15 days prior
to the effective date of closure.
G. If a TGH fails to follow these procedures,
the owners, managers, officers, directors, and administrators may be prohibited
from opening, managing, directing, operating, or owning a TGH for a period of
two years.
H. Once the TGH has
ceased doing business, the TGH shall not provide services until the provider
has obtained a new initial license.
Notes
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