Current through Register Vol. 50, No. 9, September 20, 2024
A. All
HCBS provider's shall be licensed by the Department of Health. It shall be
unlawful to operate as a home and community-based service provider without a
license issued by the department. LDH is the only licensing authority for HCBS
provider's in Louisiana.
B. An HCBS
license shall:
1. be issued only to the
person or entity named in the license application;
2. be valid only for the HCBS provider to
which it is issued and only for the specific geographic address of that
provider, including any sub-license;
3. designate which home and community-based
services the provider can provide;
4. enable the provider to render delineated
home and community-based services within an LDH region;
5. be valid for one year from the date of
issuance, unless revoked, suspended, modified or terminated prior to that date,
or unless a provisional license is issued;
6. expire on the last day of the twelfth
month after the date of issuance, unless timely renewed by the HCBS
provider;
7. not be subject to
sale, assignment, donation or other transfer, whether voluntary or involuntary;
and
8. be posted in a conspicuous
place on the licensed premises at all times.
C. An HCBS provider shall provide only those
home and community-based services or modules:
1. specified on its license; and
2. only to clients residing in the provider's
designated service area, LDH region, or at the provider's licensed
location.
D. An HCBS
provider may apply for a waiver from the Health Standards Section (HSS) to
provide services to a client residing outside of the provider's designated
service area or LDH region only under the following conditions.
1. A waiver may be granted by the department
if there is no other HCBS provider in the client's service area or LDH region
that is licensed and that has the capacity to provide the required services to
the client, or for other good cause shown by the HCBS provider and
client.
2. The provider shall
submit a written waiver request to HSS prior to providing services to the
client residing outside of the designated service area or LDH region.
3. The written waiver request shall be
specific to one client and shall include the reasons for which the waiver is
requested.
E. In order
for the HCBS provider to be considered operational and retain licensed status,
the provider shall meet the following conditions.
1. Each HCBS provider shall have a business
location which shall not be located in an occupied personal residence and shall
be in accordance with the provisions of
§5027 and
§5031 of this Chapter.
a. The business location shall be part of the
licensed location of the HCBS provider and shall be in the LDH region for which
the license is issued.
b. The
business location shall have at least one employee, either contracted or staff,
on duty at the business location during the days and hours of operation as
stated on the licensing application and business location signage.
c. An HCBS provider which provides ADC
services or out of home (center-based) respite care services may have the
business location at the ADC building or center-based respite
building.
2. The ADC
shall be open at least five hours on days of operation. Center-based respite
facilities shall have the capacity to provide 24-hour services.
3. There shall be a sufficient number of
trained direct care staff and professional services staff, either employed or
contracted, available to be assigned to provide services to persons in their
homes as per the plan of care. ADC services and center-based respite services
should be sufficiently staffed during the facility's hours of
operation.
4. Each HCBS provider
shall have at least one published business telephone number. Calls shall be
returned within one business day.
F. The licensed HCBS provider shall abide by
and adhere to any state law, rule, policy, procedure, manual or memorandum
pertaining to HCBS providers.
G. A
separately licensed HCBS provider shall not use a name which is substantially
the same as the name of another HCBS provider licensed by the department. An
HCBS provider shall not use a name which is likely to mislead the client or
family into believing it is owned, endorsed or operated by the State of
Louisiana.
H. If applicable, each
HCBS provider shall obtain facility need review approval prior to initial
licensing.
1. If an existing licensed HCBS
provider who is not currently providing PCA, respite, MIHC or SIL services
wants to begin providing these services, the provider shall be required to
apply for facility need review approval for each of the requested
services.
2. family
support;
3. personal care
attendant;
4. respite;
5. supervised independent living;
and
6. supported
employment.
I. If an
existing provider currently has multiple licenses, such as PCA, respite and
SIL, the provider shall be required to apply for an HCBS provider license at
the time the first such license is due for renewal. The HCBS provider license
shall include all modules for which the provider is currently licensed, and
will replace all of the separate licenses.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2120.1.
