Current through Register Vol. 50, No. 9, September 20, 2024
A. The
FSBC shall submit a completed license renewal application packet to the
department at least 30 days prior to the expiration of the current license. The
license renewal application packet shall include the:
1. license renewal application;
2. non-refundable license renewal/delinquent
fee;
3. stated days and hours of
operation;
4. current State Fire
Marshal report;
5. current OPH
inspection report;
6. proof of each
insurance coverage as follows:
a. general
liability insurance of at least $300,000 per occurrence;
b. worker's compensation insurance of at
least $100,000 as required by state law;
c. professional liability insurance of at
least $100,000 per occurrence/$300,000 per annual aggregate, or proof of
self-insurance of at least $100,000, along with proof of enrollment as a
qualified healthcare provider with the PCF. If the FSBC is not enrolled in the
PCF, professional liability limits shall be $1,000,000 per
occurrence/$3,000,000 per annual aggregate; and
i. Repealed.
d. the LDH HSS shall specifically be
identified as the certificate holder on any policies and any certificates of
insurance issued as proof of insurance by the insurer or producer
(agent);
7. proof of
financial viability that entails:
a. a line
of credit issued from a federally insured, licensed lending institution in the
amount of at least $25,000; or
b.
verification of sufficient assets equal to $25,000 or the cost of three months
of operation, whichever is less; and
8. any other documentation required by the
department, if applicable.
B. The department may perform an on-site
survey and inspection upon annual renewal of a license.
C. Failure to submit a completed license
renewal application packet prior to the expiration of the current license will
result in the voluntary non-renewal of the FSBC license. There are no appeal
rights for such surrender or nonrenewal of the license, as this is a voluntary
action on the part of the FSBC.
D.
If an existing licensed FSBC has been issued a notice of license revocation,
suspension or termination, and the FSBC's license is due for annual renewal,
the department shall deny the license renewal application and shall not issue a
renewal license.
1. Subject to the provisions
in D.2 of this section, if a timely administrative appeal has been filed by the
FSBC regarding the license revocation, suspension, or termination, the
administrative appeal shall be suspensive, and the FSBC 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 FSBC 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 FSBC 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 monetary
penalty, or other action imposed by the department against the FSBC.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2180.21-2180.28.
