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.
Full Initial License. The department shall issue a full license to the ASC when
the initial licensing survey finds that the ASC is compliant with all licensing
laws and regulations, and is compliant with all other required 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.
2.
Provisional Initial License. The department may issue a provisional initial
license to the ASC when the initial licensing survey finds that the ASC is
noncompliant with any licensing laws or regulations or any other required
statutes, laws, ordinances, rules, regulations or fees, but the department
determines that the noncompliance does not present a threat to the health,
safety or welfare of the patients.
3. Full Renewal License. The department may
issue a full renewal license to an existing licensed ASC that 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.
B. The department, in its sole discretion,
may issue a provisional license to an existing licensed ASC for a period not to
exceed six months for any of the following reasons.
1. The existing ASC has more than five
deficient practices or deficiencies cited during any one survey.
2. The existing ASC has more than three
substantiated complaints in a 12-month period.
3. The existing ASC has been issued a
deficiency that involved placing a patient at risk for serious harm or
death.
4. The existing ASC 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.
5. The existing ASC 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.
C. When the
department issues a provisional license to an existing licensed ASC, the ASC
shall submit a plan of correction to the department for approval and shall be
required to correct all such noncompliance or deficiencies prior to the
expiration of the provisional license. The department shall conduct a follow-up
survey, either on-site or by desk review, of the ASC prior to the expiration of
the provisional license.
1. If the follow-up
survey determines that the ASC 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 ASC license.
2. If the follow-up survey determines that
all non-compliance or deficiencies have not been corrected, or if new
deficiencies that are a threat to the health, safety or welfare of a patient
are cited on the follow-up survey, the provisional license shall expire and the
facility shall be required to begin the initial licensing process again by
submitting a new initial license application packet and fee.
3. The department shall issue written notice
to the ASC of the results of the follow-up survey.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
40:2131-2141.
