Current through Register Vol. 50, No. 9, September 20, 2024
A. A BHS provider shall provide only those
services or modules:
1. specified on its
license; and
2. only to clients
residing in the provider's designated geographic service area or at the
provider's licensed location.
B. A BHS provider may apply for a waiver from
the HSS to provide home or community services to a client residing outside of
the provider's designated geographic service area only under the following
conditions:
1. A waiver may be granted by HSS
if there is no other BHS provider in the client's service area that is licensed
and that has the capacity to provide the required services to the
client.
2. The provider shall
submit a written waiver request to HSS.
3. The written waiver request shall be
specific to one client and shall include the reasons for which the waiver is
requested.
4. HSS shall approve or
deny the waiver request within 30 days of receipt of the written waiver
request, and shall provide written notice to the provider via mail or
electronic transmission (email or facsimile).
5. The provider shall notify the client of
HSS's decision.
C. The
provider shall not provide services to a client residing outside of the
provider's designated geographic service area unless the provider has received
a written waiver request approval from HSS or meets the requirements of
Subsection B of this Section.
D.
There is no appeal from a decision by HSS to deny a waiver request under this
Section.
E. Exception to Service
Delivery Area. A BHS homebuilders provider may request the approval of an
alternate service delivery area that shall include the following submitted to
the HSS:
1. letter of FNR approval for the
alternate geographic service delivery area; and
2. attestation that the homebuilders program
currently has less than three staff providing homebuilders services in the
alternate geographic service delivery area;
F. Exceptions during a Gubernatorial Declared
State of Emergency or Disaster
1. To ensure
the health and safety of clients, and the coordination and continuation of
services to clients, during a gubernatorial declared state of emergency or
disaster in Louisiana, the department, through written notice sent
electronically to licensed BHS providers, may allow a licensed BHS provider to
operate and provide services to existing clients who are receiving outpatient
BHS services and who have evacuated or temporarily relocated to another
location in the state when the following apply:
a. the client has evacuated or temporarily
relocated to a location outside of the provider's licensed region due to the
declared state of emergency or disaster;
b. the client shall have been a client of the
BHS provider as of the declared state of emergency or disaster, with an
approved treatment plan;
c. the
provider has sufficient and qualified staff to provide services at the client's
temporary location;
d. the provider
is responsible for ensuring that all essential services, are provided in
accordance with the treatment plan; and
e. the provider shall not interfere with the
client's right to choose a provider of his/her choice if the client elects a
new BHS provider in the area where the client relocates. The provider shall
facilitate client's selection.
2. Under the provisions of
§5606.F 1-4, the
department's initial written notice to licensed BHS providers to authorize
these allowances shall be for a period not to exceed 45 days. The department
may extend this initial period, not to exceed an additional 45 days, upon
written notice sent electronically to the licensed BHS providers.
3. Under the supervision of
§5606.F 1-4, the
department, in its discretion, may authorize these allowances statewide or to
certain affected parishes.
4. A BHS
provider who wants to provide services to a client that has temporarily
relocated out of state must contact that state's licensing/certification
department to obtain any necessary licensing and/or certification before
providing services in that state.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2151-2162.
