Current through Register Vol. 50, No. 9, September 20, 2024
A. Pursuant to
R.S.
40:2151-2161, the Department of Health (LDH)
hereby establishes licensing standards for behavioral health service (BHS)
providers. The purpose of these Chapters is to provide for the development,
establishment and enforcement of statewide licensing standards for the care of
clients receiving services from BHS providers, to ensure the maintenance of
these standards, and to regulate conditions of these providers through a
program of licensure that shall promote safe and adequate treatment of clients
of BHS providers.
B. In addition
to the requirements stated herein, all licensed BHS providers shall comply with
applicable local, state, and federal laws and regulations.
C. The following providers shall be licensed
under the BHS provider license:
1. substance
use/addiction treatment facilities;
2. mental health clinics; and
3. any other entity that meets the definition
of a BHS provider
D.
Licensed substance use/addiction treatment facilities and mental health clinics
have one year from the date of promulgation of the final Rule to comply with
all of the provisions herein.
NOTE: Existing licensed substance use/addiction treatment
facilities and mental health clinics shall be required to apply for a BHS
provider license at the time of renewal of their current license(s).
E. The following entities shall be
exempt from the licensure requirements for BHS providers:
1. hospitals licensed under R. S. 40:2100 et
seq.;
2. crisis receiving centers
licensed under 40:2180.11 et seq.;
3. nursing homes licensed under
R.S.
40:2009.3 et seq.;
4. psychiatric residential treatment
facilities and therapeutic group homes licensed under
R.S.
40:2009;
5. facilities or services operated by the
federal government;
6. federally
qualified health care centers (FQHCs) certified by the federal
government;
7. community mental
health centers (CMHCs) certified by the federal government, that provide CMHC
services allowed by the federal government;
8. home and community-based service (HCBS)
providers providing HCBS services under a license issued pursuant to
R.S.
40:2120.1 et seq.;
9. an individual licensed mental health
professional (LMHP), whether incorporated or unincorporated, or a group
practice of LMHPs, providing services under the auspices of and pursuant to the
scope of the individuals license or groups licenses;
10. an individual licensed physician, or a
group of licensed physicians, providing services under the auspices of and
pursuant to the scope of the individuals license or groups licenses;
11. an individual licensed physician
assistant (PA), or a group practice of licensed PAs, providing services under
the auspices of and pursuant to the scope of the individual's license or
group's licenses;
12. school-based
health clinics/centers that are certified by the LDH, Office of Public Health,
and enrolled in the Medicaid Program;
13. those local public school governing
authorities, if such exemption is applicable to only school-based BHS provided
through the Medicaid Early and Periodic Screening, Diagnostic, and Treatment
program;
14. a health care provider
or entity solely providing case management or peer support services, or a
combination thereof;
a. was an accredited
mental health rehabilitation provider enrolled in the Medicaid Program as of
February 28, 2012;
b. was enrolled
with the statewide management organization for the Louisiana Behavioral Health
Partnership (LBHP) as of March 1, 2012;
c. maintains continuous, uninterrupted
accreditation through an LDH authorized accreditation organization;
d. maintained continuous, uninterrupted
enrollment with the statewide management organization for the LBHP, and
maintains continuous, uninterrupted enrollment with Medicaid managed care
entities as of December 1, 2015;
NOTE. Repealed.
15. facilities or services operated for the
sole purpose of providing substance use or mental health services to courts
that are recognized and certified by the Louisiana Supreme Court as specialty
courts;
16. an individual licensed
advanced practice registered nurse (APRN), or a group practice of licensed
APRNs, providing services under the auspices of and pursuant to the scope of
the individual's license or group's licenses;
17. rural health clinics (RHCs) providing RHC
services under a license issued pursuant to
R.S.
40:2197; and
18. facilities or services operated by the
Department of Public Safety and Corrections, Corrections Services.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2151-2161.
