Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 42 - Adult Day Health Care
Subchapter A - General Provisions
Section I-4211 - Types of Licenses
Universal Citation: LA Admin Code I-4211
Current through Register Vol. 50, No. 9, September 20, 2024
A. The Department shall have the authority to issue the following types of licenses.
1. In the event that the initial licensing
survey finds that the ADHC center is compliant with all licensing laws and
regulations, and is compliant with all other required statutes, laws,
ordinances, rules, regulations, and fees, the department shall issue a full
license to the center. The license shall be valid until the expiration date
shown on the license unless the license is modified, revoked, suspended, or
terminated.
2. In the event that
the initial licensing survey finds that the ADHC center is noncompliant with
any licensing laws or regulations or any other required statutes, laws,
ordinances, rules, regulations or fees, the department is authorized to issue a
provisional initial license pursuant to the requirements and provisions of this
§4209
3. The department may issue a
full renewal license to an existing licensed ADHC center who is in substantial
compliance with all applicable federal, state, departmental, and local
statutes, laws, ordinances, rules, regulations and fees. The license shall be
valid until the expiration date shown on the license, unless the license is
modified, revoked, suspended, or terminated.
4. The department, in its sole discretion,
may issue a provisional license to an existing licensed ADHC center for a
period not to exceed six months, for the following reasons:
a. the existing ADHC center has more than
five deficient practices or deficiencies cited during any one survey;
b. the existing ADHC center has more than
three validated complaints in one licensed year period;
c. the existing ADHC center has been issued a
deficiency that involved placing a participant at risk for serious harm or
death;
d. the exiting ADHC center
has failed to correct deficient practices within 60 days of being cited for
such deficient practices or at the time of a follow-up survey;
e. the existing ADHC center is not in
substantial compliance with all applicable federal, state, departmental, and
local statutes, laws, ordinances, rules, regulations, and fees at the time of
renewal of the license.
5. When the department issues a provisional
license to an existing licensed ADHC center, the department shall conduct an
on-site follow-up survey at the ADHC center prior to the expiration of the
provisional license. If that on-site follow-up survey determines that the ADHC
center has corrected the deficient practices and has maintained compliance
during the period of the provisional license, the department may issue a full
license for the remainder of the year until the anniversary date of the ADHC
license.
6. If an existing licensed
ADHC center has been issued a notice of license revocation, suspension,
modification, or termination, and the centers license is due for annual
renewal, the department shall deny a license renewal subject to the pending
license revocation, suspension, modification, or termination. The denial of
renewal of such a license does not affect in any manner the license revocation,
suspension, modification or termination.
B. The denial of renewal of a license does not in any manner affect any sanction, civil monetary penalty, or other action imposed by the department against the center.
C. The license for an ADHC center shall be valid for one year from the date of issuance unless revoked, suspended, modified, or terminated prior to that time.
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 40:2120.41-46.
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