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 HCBS
provider when the initial licensing survey finds that the provider 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 HCBS provider when
the initial licensing survey finds that the HCBS provider 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
clients.
3. Full Renewal License.
The department may issue a full renewal license to an existing licensed HCBS
provider 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.
B. The
department, in its sole discretion, may issue a provisional license to an
existing licensed HCBS provider for a period not to exceed six months. The
department will consider the following circumstances in making a determination
to issue a provisional license:
1. compliance
history of the provider to include areas of deficiencies cited;
2. the nature and severity of any
substantiated complaints;
a. Repealed.
3. the existing HCBS
provider has been issued a deficiency that involved placing a client at risk
for serious harm or death;
4. the
existing HCBS provider 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; or
5. the existing HCBS
provider 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 HCBS provider, the provider shall submit a plan
of correction to LDH for approval, and the provider 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 HCBS provider prior to the expiration of the
provisional license.
1. If the follow-up
survey determines that the HCBS provider 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 HCBS 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 client are
cited on the follow-up survey, the provisional license shall expire.
3. The department shall issue written notice
to the provider of the results of the follow-up survey.
D. If an existing licensed HCBS provider has
been issued a notice of license revocation or termination, and the provider's
license is due for annual renewal, the department shall deny the license
renewal application and shall not issue a renewal license.
1. If a timely administrative appeal has been
filed by the provider regarding the license revocation, suspension, or
termination, the administrative appeal shall be suspensive, and the provider
shall be allowed to continue to operate and provide services until such time as
the administrative tribunal or department issues a decision on the license
revocation, suspension, or termination.
2. If the secretary of the department
determines that the violations of the HCBS provider pose an imminent or
immediate threat to the health, welfare, or safety of a client, the imposition
of such action may be immediate and may be enforced during the pendency of the
administrative appeal. If the secretary of the department makes such a
determination, the HCBS provider will be notified in writing.
3. The denial of the license renewal
application does not affect in any manner the license revocation, suspension,
or termination.
E. The
renewal of a license does not in any manner affect any sanction, civil fine or
other action imposed by the department against the provider.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2120.1.
