Current through Register Vol. 50, No. 9, September 20, 2024
A. Any entity, organization or person seeking
to operate as a BHS provider shall submit a completed initial license
application packet to the department for approval. Initial BHS provider
licensure application packets are available from HSS.
B. The completed initial licensing
application packet shall include:
1. a
completed BHS provider licensure application;
2. the non-refundable licensing fee
established by statute;
3. the LDH
plan review approval letter from OSFM, if applicable;
4. the on-site inspection report with
approval for occupancy by the OSFM, if applicable;
5. the health inspection report with
recommendation for licensure from the Office of Public Health;
6. a current (within 90 days prior to the
submission of the application packet) statewide criminal background check,
including sex offender registry status, on all owners and managing employees;
7. except for governmental
entities, proof of financial viability;
8. an organizational chart and names,
including position titles of key administrative personnel and governing
body;
9. a legible floor sketch or
drawing of the premises to be licensed;
10. a letter of intent detailing the type of
BHS provider operated by the licensee and the types of services or
specializations that will be provided by the BHS provider (e.g. addiction
treatment program, mental health program, residential provider, outpatient
provider, opioid treatment program);
11. if operated by a corporate entity, such
as a corporation or a limited liability company, current proof of registration
and status with the Louisiana Secretary of State;
12. any other documentation or information
required by the department for licensure including, but not limited to:
a. documentation for opioid treatment
programs, such as a copy of the OBH FNA letter; and
b. a copy of the FNR approval letter for
providers of PSR/CPST;
13. for a residential substance use disorder
facility, submission of the attestation in accordance with
§5712 of this Rule.
C. Deadline for Submitting Initial Licensure
Application for Unlicensed Agencies
1. Any
unlicensed agency that is a provider of any PSR, CI and/or community
psychiatric support and treatment services prior to the promulgation of this
Rule and is required to be licensed as a BHS provider has 180 days from the
promulgation of this Rule to submit an initial licensing application packet to
HSS.
2. Any such unlicensed agency
may continue to operate without a license during the licensing process until
the department acts upon the initial license application and any and all appeal
processes associated with the initial licensure is complete or the delay for
taking an appeal has expired, whichever is later.
3. The department has the authority to issue
a cease and desist order and pursue legal action for failure to comply with the
deadline for submitting an initial licensure application. The cease and desist
order shall require immediate discharge of all current clients and no new
clients shall be admitted.
D. If the initial licensing packet is
incomplete, the applicant shall:
1. be
notified of the missing information; and
2. have 90 days from receipt of the
notification to submit the additional requested information; if not submitted,
the application shall be closed.
E. Once the initial licensing application is
approved by the department, notification of such approval shall be forwarded to
the applicant.
F. The applicant
shall notify the department of initial licensing survey readiness within the
required 90 days of receipt of application approval. If an applicant fails to
notify the department of initial licensing survey readiness within 90 days, the
application shall be closed.
G. If
an initial licensing application is closed, an applicant who seeks to operate
as a BHS provider shall submit:
1. a new
initial licensing packet;
2.
non-refundable licensing fee; and
3. facility need approval, if applicable.
H. Applicants shall be
in compliance with all applicable federal, state, departmental or local
statutes, laws, ordinances, rules, regulations and fees before the BHS provider
will be issued an initial license to operate.
I. A BHS provider is prohibited from
providing behavioral health services to clients during the initial application
process and prior to obtaining a license, unless the applicant qualifies as one
of the following facilities:
1. a licensed
mental health clinic;
2. a licensed
substance use/addiction treatment facility; or
3. an agency that is a provider of PSR,
community psychiatric support and treatment, and/or CI services.
J. Off-Sites. In order to operate
an off-site, the provider shall submit:
1. a
request for opening an off-site location;
2. a completed application, including
established operational hours;
3.
payment of applicable fees;
4.
current on-site inspection reports from OSFM and OPH; and
5. for any residential off-site, plan review
approval from OSFM.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2151-2161.
