Current through Register Vol. 50, No. 9, September 20, 2024
A. In
the event that a PRTF evacuates, temporarily relocates or temporarily ceases
operation at its licensed location as a result of an evacuation order issued by
the state, local, or parish OHSEP, due to a declared disaster or other
emergency, and that facility sustains damages due to wind, flooding,
precipitation, fire, power outages or other causes, the facility shall not be
reopened to accept returning evacuated residents or new admissions until
surveys have been conducted by the Office of the State Fire Marshal, the Office
of Public Health and the Health Standards Section, and the facility has
received a letter of approval from the department for reopening the facility.
1. The purpose of these surveys is to assure
that the facility is in compliance with the licensing standards including, but
not limited to, the structural soundness of the building, the sanitation code,
staffing requirements and the execution of emergency plans.
B. If a PRTF evacuates,
temporarily relocates or temporarily ceases operation at its licensed location
as a result of an evacuation order issued by the state or parish OHSEP, due to
a declared disaster or other emergency, and the facility does not sustain
damages due to wind, flooding, precipitation, fire, power outages or other
causes, the facility may be reopened without the necessity of the required
surveys.
1. Prior to reopening, the facility
shall notify the Health Standards Section in writing that the facility is
reopening.
C. The
facility shall submit a written initial summary report to the department's
Health Standards Section. This report shall be submitted within 14 days from
the date of the emergency event which led to the facility having to evacuate,
temporarily relocate or temporarily cease operations. The report shall indicate
how the facility's emergency preparedness plan was followed and executed. The
initial summary shall contain, at a minimum:
1. pertinent plan provisions and how the plan
was followed and executed;
2. plan
provisions that were not followed;
3. reasons and mitigating circumstances for
failure to follow and execute certain plan provisions;
4. contingency arrangements made for those
plan provisions not followed; and
5. a list of all injuries and deaths of
residents that occurred during the execution of the plan, including the date,
time, causes and circumstances of the injuries and deaths.
D. If a facility shelters in place at its
licensed location during a declared disaster or other emergency, the facility
shall submit a written initial summary report to the department's Health
Standards Section. This report shall be submitted within 14 days from the date
of the emergency event which led to the facility having to shelter in place.
The report shall indicate how the facility's emergency preparedness plan was
followed and executed. The initial summary shall contain, at a minimum:
1. pertinent plan provisions and how the plan
was followed and executed;
2. plan
provisions that were not followed;
3. reasons and mitigating circumstances for
failure to follow and execute certain plan provisions;
4. contingency arrangements made for those
plan provisions not followed; and
5. a list of all injuries and deaths of
residents that occurred during the execution of the plan, including the date,
time, causes and circumstances of these injuries and deaths.
E. Upon request by the
department's Health Standards Section, a report that is more specific and
detailed regarding the facility's execution of their emergency plan shall be
submitted to the department.
F.
Inactivation of License due to Declared Disaster or Emergency
1. A licensed PRTF 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:
a. the licensed PRTF provider 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:
i. the PRTF 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;
ii. the licensed PRTF intends to resume
operation as a PRTF in the same service area;
iii. includes an attestation that the
emergency or disaster is the sole casual factor in the interruption of the
provision of services;
iv. includes
an attestation that all residents have been properly released or transferred to
another provider; and
v. provides a
list of each resident's name and the location where that resident has been
released or transferred to;
b. the licensed PRTF resumes operating as a
PRTF in the same service area within one year of the issuance of such an
executive order or proclamation of emergency or disaster;
c. the licensed PRTF continues to pay all
fees and costs due and owed to the department including, but not limited to:
i. annual licensing fees; and
ii. outstanding civil monetary penalties;
and
d. the licensed PRTF
continues to submit required documentation and information to the department,
including but not limited to cost reports.
2. Upon receiving a completed written request
to inactivate a PRTF license, the department shall issue a notice of
inactivation of license to the PRTF.
3. Upon completion of repairs, renovations,
rebuilding or replacement of the facility, a PRTF 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:
a. the PRTF shall submit a written license
reinstatement request to the licensing agency of the department 60 days prior
to the anticipated date of reopening;
b. the license reinstatement request shall
inform the department of the anticipated date of opening and shall request
scheduling of a licensing survey;
c. the license reinstatement request shall
include a completed licensing application with appropriate licensing fees,
approval from the Office of Public Health and the Office of State Fire Marshal;
and
d. the provider resumes
operating as a PRTF in the same service area within one year.
4. Upon receiving a completed
written request to reinstate a PRTF license, the department shall schedule a
licensing survey. If the PRTF meets the requirements for licensure and the
requirements under this Subsection, the department shall issue a notice of
reinstatement of the PRTF license.
5. No change of ownership in the PRTF shall
occur until such PRTF has completed repairs, renovations, rebuilding or
replacement construction and has resumed operations as a PRTF.
6. The provisions of this Subsection shall
not apply to a PRTF which has voluntarily surrendered its license and ceased
operation.
7. Failure to comply
with any of the provisions of this Subsection shall be deemed a voluntary
surrender of the PRTF license.
G. Inactivation of Licensure due to a
Non-Declared Disaster or Emergency
1. A PRTF
in an area or areas which have been affected by a non-declared emergency or
disaster may seek to inactivate its license, provided that the following
conditions are met:
a. the PRTF shall submit
written notification to the Health Standards Section within 30 days of the date
of the non-declared emergency or disaster stating that:
i. the PRTF has experienced an interruption
in the provisions of services as a result of events that are due to a
non-declared emergency or disaster;
ii. the PRTF intends to resume operation as a
PRTF agency in the same service area;
iii. the PRTF attests that the emergency or
disaster is the sole causal factor in the interruption of the provision of
services; and
iv. the PRTFs initial
request to inactivate does not exceed one year for the completion of repairs,
renovations, rebuilding or replacement of the facility.
NOTE: Pursuant to these provisions, an extension of the
30 day deadline for initiation of request may be granted at the discretion of
the department.
b. the PRTF continues to pay all fees and
costs due and owed to the department including, but not limited to, annual
licensing fees and outstanding civil monetary penalties and/or civil fines;
and
c. the PRTF continues to submit
required documentation and information to the department, including but not
limited to cost reports.
2. Upon receiving a completed written request
to temporarily inactivate a PRTF license, the department shall issue a notice
of inactivation of license to the PRTF.
3. Upon receipt of the departments approval
of request to inactivate the agencys license, the PRTF shall have 90 days to
submit plans for the repairs, renovations, rebuilding or replacement of the
facility, if applicable, to OSFM and OPH as required.
4. The PRTF shall resume operating as a PRTF
in the same service area within one year of the approval of
renovation/construction plans by the OSFM and the OPH as required.
EXCEPTION: If the PRTF requires an extension of this
timeframe due to circumstances beyond the agencys control, the department will
consider an extended time period to complete construction or repairs. Such
written request for extension shall show the agencys active efforts to complete
construction or repairs and the reasons for request for extension of the
agencys inactive license. Any approval for extension is at the sole discretion
of the department.
5. Upon
completion of repairs, renovations, rebuilding or replacement of the facility,
a PRTF 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:
a. the PRTF shall
submit a written license reinstatement request to the licensing agency of the
department;
b. the license
reinstatement request shall inform the department of the anticipated date of
opening and shall request scheduling of a licensing or physical environment
survey, where applicable; and
c.
the license reinstatement request shall include a completed licensing
application with appropriate licensing fees.
6. Upon receiving a completed written request
to reinstate a PRTF license, the department may conduct a licensing or physical
environment survey. The department may issue a notice of reinstatement if the
agency has met the requirements for licensure including the requirements of
this Subsection.
7. No change of
ownership of the PRTF shall occur until such PRTF has completed repairs,
renovations, rebuilding or replacement construction and has resumed operations
as a PRTF facility.
8. The
provisions of this Subsection shall not apply to a PRTF which has voluntarily
surrendered its license and ceased operation.
9. Failure to comply with any of the
provisions of this Subsection shall be deemed a voluntary surrender of the PRTF
license for licensure.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2009.
