Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 87 - Adult Brain Injury Facilities Licensing Standards
Subchapter A - General Provisions
Section I-8729 - Inactivation of a License Due to a Declared Disaster or Emergency

Universal Citation: LA Admin Code I-8729

Current through Register Vol. 50, No. 9, September 20, 2024

A. A facility licensed in a parish which is the subject of an executive order or proclamation of emergency or disaster issued in accordance with R.S. 29:724 or R.S. 29:766 may seek to inactivate its license for a period not to exceed one year, provided that the following conditions are met:

1. the facility shall submit written notification to the Health Standards Section within 60 days of the date of the executive order or proclamation of emergency or disaster that:
a. the facility has experienced an interruption in the provisions of services as a result of events that are the subject of such executive order or proclamation of emergency or disaster issued in accordance with R.S. 29:724 or R.S. 29:766;

b. the facility intends to resume operation as an ABI facility in the same service area;

c. includes an attestation that the emergency or disaster is the sole causal factor in the interruption of the provision of services;

d. includes an attestation that all clients have been properly discharged or transferred to another facility; and

e. provides a list of each client and where that client is discharged or transferred;

2. the facility resumes operating as an ABI facility in the same service area within one year of the issuance of an executive order or proclamation of emergency or disaster in accordance with R.S. 29:724 or R.S. 29:766;

3. the ABI facility continues to pay all fees and cost due and owed to the department including, but not limited to, annual licensing fees and outstanding civil monetary penalties; and

4. the ABI facility continues to submit required documentation and information to the department.

B. Upon receiving a completed written request to inactivate an ABI facility license, the department shall issue a notice of inactivation of license to the ABI facility.

C. Upon completion of repairs, renovations, rebuilding or replacement, the ABI facility which has received a notice of inactivation of its license from the department shall be allowed to reinstate its license upon the following conditions being met.

1. The ABI facility shall submit a written license reinstatement request to the licensing agency of the department at least 15 days prior to the anticipated date of reopening.
a. The license reinstatement request shall inform the department of the anticipated date of opening, and shall request scheduling of a licensing survey.

b. The license reinstatement request shall include a completed licensing application with appropriate licensing fees.

2. The facility resumes operating as an ABI facility in the same service area within one year.

D. Upon receiving a completed written request to reinstate an ABI facility license, the department may conduct a licensing survey. If the ABI facility meets the requirements for licensure and the requirements under this Section, the department will issue a notice of reinstatement of the ABI facility license.

1. The licensed capacity of the reinstated license shall not exceed the licensed capacity as approved by the OSFM.

E. No change of ownership in the ABI facility shall occur until such ABI facility has completed repairs, renovations, rebuilding or replacement construction, and has resumed operations as an ABI facility.

F. The provisions of this Section shall not apply to an ABI facility which has voluntarily surrendered its license and ceased operation.

G. Failure to comply with any of the provisions of this Section shall be deemed a voluntary surrender of the ABI facility license and any applicable facility need review approval for licensure.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 40:2120.31-40.

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.
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