Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities
Subchapter A - General Provisions
Section I-8511 - Types of Licenses and Expiration Dates
Universal Citation: LA Admin Code I-8511
Current through Register Vol. 50, No. 9, September 20, 2024
A. The department shall have authority to issue the following types of licenses.
1.
Full Initial License. In the event that the initial licensing survey finds that
the ICF/DD facility is compliant with all licensing laws and regulations, and
is compliant with all other required statutes, laws, ordinances, rules,
regulations and fees, the department shall issue a full license to the
provider. The license shall be valid until the expiration date shown on the
license, unless the license is modified, revoked, suspended or
terminated.
2. Provisional Initial
License. In the event that the initial licensing survey finds that the ICF/DD
facility is non-compliant with any licensing laws or regulations or any other
required statutes, laws, ordinances, Rules, regulations or fees, the department
is authorized to issue a provisional initial license pursuant to the
requirements and provisions of these regulations.
3. Full Renewal License. The department may
issue a full renewal license to an existing licensed ICF/DD provider 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, suspended, or terminated.
4. Provisional Renewal License. The
department, in its sole discretion, may issue a provisional license to an
existing licensed ICF/DD provider for a period not to exceed six months, for
the following reasons:
a. the existing ICF/DD
provider has more than five deficient practices or deficiencies cited during
any one survey;
b. the existing
ICF/DD provider has more than three validated complaints in a 12-month
period;
c. the existing ICF/DD
provider has been issued a deficiency that involved placing an individual at
risk for serious harm or death;
d.
the existing ICF/DD provider has failed to correct deficient practices within
60 days of being cited for such deficient practices or at the time of the
follow-up survey; or
e. the
existing ICF/DD provider is not in substantial compliance with all of the
applicable federal, state, departmental, and local statutes, laws, ordinances,
Rules, regulations, and fees at the time of renewal of the license.
5. When the department issues a
provisional license to an existing licensed ICF/DD provider, the provider must
submit a plan of correction to DHH for approval, and the provider 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 ICF/DD provider prior to the expiration of the
provisional license. If that on-site follow-up survey determines that the
ICF/DD provider has corrected the deficient practices and has maintained
compliance during the period of the provisional license, then the department
may issue a full license for the remainder of the year until the anniversary
date of the ICF/DD license. If that on-site follow-up survey determines that
the ICF/DD provider has not corrected the deficient practices, has not
maintained compliance during the period of the provisional license, or if new
deficiencies that are a threat to the health, safety, or welfare of a client
are cited on the follow-up, the provisional license shall expire. However, at
the sole discretion of the department the provisional license may be extended
by the department, not to exceed 90 days, in order for the ICF/DD provider to
correct the non-compliance or deficiencies.
B. If an existing licensed ICF/DD provider has been issued a notice of license revocation or termination, and the provider's license is due for annual renewal, the department shall deny the license renewal application and shall not issue a renewal license.
1. The denial of the license renewal
application shall not affect in any manner the license revocation, suspension,
or termination.
C. 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 provider.
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2180-2180.5.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.