Current through Register Vol. 50, No. 9, September 20, 2024
A. The license of an NSA is not transferable
or assignable and cannot be sold. When an NSA is sold or ownership is
transferred, the transferee shall notify the department and apply for a new
license within 45 days prior to the transfer.
B. Before a license can be issued to the new
owner, the new owner shall meet all licensing application requirements. The new
owner shall submit to the department for approval, a change of ownership (CHOW)
application packet that includes:
1. a
completed CHOW application and the appropriate non-refundable licensing fee as
established by statute. The CHOW 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. the legal CHOW
document;
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, and for any state lived in within the last five
years;
9. a completed disclosure of
ownership and control information form; and
10. any other relevant documentation or
information required by the department for licensure.
C. If the CHOW results in a change of
geographic address, a survey may be required prior to issuance of the new
license.
D. A CHOW of the NSA shall
not be submitted at time of the biennial renewal of the NSA's
license.
E. An NSA may not undergo
a CHOW if any of the following conditions exist. The NSA:
1. licensure is provisional, under revocation
or denial of renewal;
2. is in a
settlement agreement with the department; or
3. has ceased to operate and does not meet
operational requirements to hold a license as defined by
§7739 and in accordance with
§7723 of this Chapter.
F. The department may deny approval of the
CHOW for any of the reasons a license may be revoked or denied renewal pursuant
to these licensing provisions.
G.
Once all application requirements have been completed and approved by the
department, a new license shall be issued to the new owner. The transferor
shall remain responsible for the operation of the agency until such time as a
license is issued to the transferee.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254.
