Current through Register Vol. 50, No. 9, September 20, 2024
A. An initial application for licensing as an
NSA shall be made to the department on forms provided by the department. A
completed initial license application packet for NSAs shall be submitted to and
approved by the department prior to an applicant providing NSA
services.
B. The initial licensing
application packet shall include:
1. a
completed NSA licensure application and the appropriate non-refundable
licensing fee as established by statute. The license application shall contain
the name and address of the person, partnership, corporation, unincorporated
association, or other legal entity that is the applicant, and the name and
address of the registered agent;
2.
if applicable, a copy of the NSA's articles of incorporation or organization, a
copy of its current bylaws, and the names and addresses of its officers,
administrator/director, and shareholders owning more than 5 percent of the
corporation's stock;
3. a copy of
verification of current active business with the Secretary of State, or
equivalent state business registry, which references the current registered
agent;
4. a copy of the
organizational chart of the NSA, including the names and addresses of the
person or persons under whose management or supervision the NSA will be
operated;
5. a statement detailing
the experience and qualifications of the applicant to operate an NSA;
6. a statement of financial solvency,
comprised of the following:
a. a line of
credit issued from a federally insured, licensed lending institution in the
amount of at least $25,000 that is:
i. current
and in effect at the time of submission of the application for licensure;
and
ii. issued to and in the name
of the applicant shown on the application for licensure;
b. general and professional liability
insurance in an amount sufficient to provide coverage in accordance with the
total amount recoverable for all malpractice claims as indicated in
R.S.
40:1231.2, or current law; and
c. worker's compensation insurance that is in
compliance with the Louisiana Workers' Compensation Law,
R.S.
23:1020.1 et seq., or current law, with a
minimum coverage in the amount of $1,000,000 that is current and in effect at
the time of submission of the license application;
7. proof that the LDH, HSS is specifically
identified as the certificate holder on any policies and any certificates of
insurance issued as proof of insurance by the insurer or producer
(agent);
8. a copy of a statewide
criminal background check including sex offender registry status, on all
applicant(s), owner(s) with 5 percent or more ownership interest, and
administrator/director, for any state lived in within the last five
years;
9. a completed disclosure of
ownership and control information form;
10. a statement of the days and hours of
operation; and
11. any other
relevant documentation or information required by the department for
licensure.
C. A person
convicted of one or more of the following felonies is prohibited from being the
owner(s), or the administrator/director of an NSA. For purposes of these
provisions, the licensing application shall be rejected by the department for
any felony conviction relating to:
1. the
violence, abuse, or negligence of a person;
2. the misappropriation of property belonging
to another person;
3. cruelty,
exploitation, or the sexual battery of the infirmed;
4. a drug offense;
5. crimes of a sexual nature;
6. a firearm or deadly weapon;
7. Medicare or Medicaid fraud; or
8. fraud or misappropriation of federal or
state funds.
D. If the
initial licensing packet is incomplete, the applicant shall be notified of the
missing information and shall have 90 days from receipt of the notification to
submit the additional requested information.
1. If the additional requested information is
not submitted to the department within 90 days, the application shall be
closed.
2. If an initial licensing
application is closed, an applicant who is still interested in becoming an NSA
shall submit a new initial licensing packet with a new initial non-refundable
licensing fee to start the initial licensing process.
E. Once the initial licensing application
packet has been approved by the department, the NSA applicant shall notify the
department of readiness for an initial licensing survey within 90 days.
1. If an applicant fails to notify the
department of readiness for an initial licensing survey within 90 days of
approval, the initial licensing application shall be closed. After an initial
licensing application is closed, an applicant who is still interested in
becoming a NSA must submit a new initial licensing packet with a new initial
non-refundable licensing fee to start the initial licensing process.
F. Applicant shall be in
compliance with all federal, state, departmental, or local statutes, laws,
ordinances, rules, and regulations, and all non-refundable fees shall be paid
before the NSA provider will be issued an initial license to operate.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254.
