A. A licensed TGH
provider 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
TGH provider 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 TGH provider 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 TGH provider intends to
resume operation as a TGH provider in the same service area;
c. the licensed TGH provider attests that the
emergency or disaster is the sole causal factor in the interruption of the
provision of services; and
d. the
licensed TGH providers 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.
2. the licensed TGH provider 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 TGH
provider continues to submit required documentation and information to the
department, including but not limited to cost reports.
B. Upon receiving a completed written request
to temporarily inactivate a TGH provider license, the department shall issue a
notice of inactivation of license to the TGH provider.
C. Upon the providers receipt of the
departments approval of request to inactivate the providers license, the
provider shall have 90 days to submit plans for the repairs, renovations,
rebuilding or replacement of the facility, if applicable, to the OSFM and the
LDH-OPH as required.
D. The
licensed TGH provider shall resume operating as a TGH provider 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 provider requires an extension of this
timeframe due to circumstances beyond the providers control, the department
will consider an extended time period to complete construction or repairs. Such
written request for extension shall show the providers active efforts to
complete construction or repairs and the reasons for request for extension of
the providers inactive license. Any approval for extension is at the sole
discretion of the department.
E. Upon completion of repairs, renovations,
rebuilding or replacement of the facility, a TGH provider 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 TGH provider 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 a TGH provider license, the department may conduct a licensing or
physical environment survey. The department may issue a notice of reinstatement
if the provider has met the requirements for licensure including the
requirements of this Subsection.
G.
No change of ownership in the TGH provider shall occur until such TGH provider
has completed repairs, renovations, rebuilding or replacement construction and
has resumed operations as a TGH provider.
H. The provisions of this Subsection shall
not apply to a TGH provider 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 TGH provider license.
