Current through Register Vol. 50, No. 9, September 20, 2024
A. An initial application for licensing as an
HCBS provider shall be obtained from the department. A completed initial
license application packet for an HCBS provider shall be submitted to and
approved by the department prior to an applicant providing HCBS
services.
B. The initial licensing
application packet shall include:
1. a
completed HCBS licensure application and the non-refundable licensing fee as
established by statute;
2. a copy
of the approval letter of the architectural facility plans for the adult day
care module and the center-based respite module from the Office of the State
Fire Marshal and any other office/entity designated by the department to review
and approve the facility's architectural plans;
3. a copy of the on-site inspection report
for the adult day care module and the center-based respite module with approval
for occupancy by the Office of the State Fire Marshal;
4. a copy of the health inspection report
with approval of occupancy from the Office of Public Health for the adult day
care module and the center-based respite module;
5. a copy of a statewide criminal background
check, conducted by the Louisiana State Police, or its authorized agent,
including sex offender registry status, on all owners and administrators;
a. each owner shall be at least aged 18
years;
6. proof of
financial viability, comprised of the following:
a. a line of credit issued from a federally
insured, licensed lending institution in the amount of at least $50,000 that
is:
i. current at the time of submission of
the application for licensure; and
ii. issued to/in the name of the applicant at
the geographic location shown on the application for licensure;
b. general and professional
liability insurance in the amount of at least $300,000 that is current and in
effect at the time of license application; and
c. worker's compensation insurance that is
current and in effect at the time of license application;
NOTE: The LDH Health Standards Section shall specifically
be identified as the certificate holder on these policies pursuant to
§5007. B.6 a-c and any
certificates of insurance issued as proof of insurance by the insurer or
producer (agent). The policy shall have a cancellation/change statement
requiring notification of the certificate holder 30 days prior to any
cancellation or change of coverage.
7. a completed disclosure of ownership form
which includes any controlling interest or ownership in any other licensed
agencies;
8. the days and hours of
operation;
9. an organizational
chart and names, including position titles, of key administrative personnel and
governing body; and
10. any other
documentation or information required by the department for licensure
including, but not limited to, a copy of the facility need review approval
letter.
C. A person
convicted of one or more of the following felonies is prohibited from being the
owner or the administrator of an HCBS provider agency. For purposes of these
provisions, the licensing application shall be rejected by the department for
any felony conviction relating to:
1. the
violence, abuse, or negligence of a person;
2. the misappropriation of property belonging
to another person;
3. cruelty,
exploitation or the sexual battery of the infirmed;
4. a drug offense;
5. crimes of a sexual nature;
6. a firearm or deadly weapon;
7. Medicare or Medicaid fraud; or
8. fraud or misappropriation of federal or
state funds.
D. If the
initial licensing packet is incomplete, the applicant shall be notified of the
missing information and shall have 90 days from receipt of the notification to
submit the additional requested information.
1. If the additional requested information is
not submitted to the department within 90 days, the application shall be
closed.
2. If an initial licensing
application is closed, an applicant who is still interested in becoming an HCBS
provider shall submit a new initial licensing packet with a new initial
licensing fee to start the initial licensing process, subject to any facility
need review approval.
E.
Applicants for HCBS licensure shall be required to either attend a mandatory
HCBS provider training class or complete the LDH online provider training when
a completed initial licensing application packet has been received by the
department.
F. Upon completion of
the mandatory HCBS provider training class and written notification of
satisfactory class completion from the department or upon submission of
attestation of satisfactory completion of the LDH online provider training, an
HCBS applicant shall be required to admit one client and contact the HSS field
office to schedule an initial licensing survey.
1. Prior to scheduling the initial survey,
applicants shall be:
a. fully
operational;
b. in compliance with
all licensing standards; and
c.
providing care to only one client at the time of the initial survey.
2. If the applicant has not
admitted one client or contacted the HSS field office to schedule an initial
survey within 30 days of receipt of the written notification from the
department, the application will be closed. If an applicant is still interested
in becoming an HCBS provider, a new initial licensing packet with a new initial
licensing fee shall be submitted to the department to start the initial
licensing process, subject to any facility need review approval.
G. Applicants shall be in
compliance with all appropriate federal, state, departmental or local statutes,
laws, ordinances, rules, regulations and fees before the HCBS provider will be
issued an initial license to operate.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2120.1.
