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 facility when the initial licensing survey finds
that the facility 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, or
suspended.
2. Provisional Initial
License. The department shall issue a provisional initial license to the
facility when the initial licensing survey finds that the facility 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 individuals receiving services. The provisional
license shall be valid for a period not to exceed six months.
3. Full Renewal License. The department shall
issue a full renewal license to an existing licensed facility which 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, or suspended.
B. The department, in its sole discretion,
may issue a provisional license to an existing licensed facility for a period
not to exceed six months for the following reasons.
1. The existing facility has more than five
deficient practices or deficiencies cited during any one survey.
2. The existing facility has more than three
validated complaints in one licensed year period.
3. The existing facility has been issued a
deficiency that involved placing a client at risk for serious harm or
death.
4. The existing facility 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.
5. The existing facility 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 facility, the department shall conduct an
on-site follow-up survey at the facility prior to the expiration of the
provisional license, and shall issue written notice of the results of the
follow-up survey.
1. If the on-site follow-up
survey determines that the facility 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 facility license.
2. If the on-site follow-up survey determines
that the facility has not corrected the deficient practices or has not
maintained compliance during the period of the provisional license, the
provisional license shall expire and the facility shall be required to begin
the initial licensing process again by submitting a new initial license
application packet and fee, if no timely informal reconsideration or
administrative appeal of the deficiencies cited is filed pursuant to this
Chapter.
a. At the sole discretion of the
department, the provisional license may be extended for a period, not to exceed
90 days, in order for the facility to correct the noncompliance or
deficiencies.
D. When the department issues a provisional
license as a result of the initial licensing survey, the facility shall submit
a plan of correction to the department for approval, and shall be required to
correct all such noncompliance or deficiencies prior to the expiration of the
provisional license. The department shall conduct an on-site follow-up survey
at the facility prior to the expiration of the provisional license and shall
issue written notice to the facility of the results of the follow-up survey.
1. If all such noncompliance or deficiencies
are determined by the department to be corrected on a follow-up survey, a full
license will be issued.
2. If all
such noncompliance or deficiencies are not corrected on the follow-up survey,
the provisional license shall expire and the facility shall be required to
begin the initial licensing process again by submitting a new initial license
application packet and fee and any applicable facility need review approval for
licensure.
a. At the sole discretion of the
department, the provisional license may be extended for an additional period,
not to exceed 90 days, in order for the facility to correct the noncompliance
or deficiencies.
E. The license for a facility shall be valid
for one year from the date of issuance, unless revoked, suspended or modified
prior to that time.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
28:31-28:37.
