Current through Register Vol. 50, No. 9, September 20, 2024
A.
Facility need review (FNR) applications as defined in the Chapter except for
FNR applications that are submitted pursuant to a Request for Proposal (RFP) or
Request for Application (RFA) issued by the department will follow the initial
application and review process, the supplemental application review process,
and the appeal provisions set forth in this licensing Rule. Facility need
review applications that are submitted pursuant to a RFP or RFA will follow the
application process, the review process, the supplemental review process, the
notice provisions, and the appeal provisions that are contained in the
individual RFP or RFA.
B. Facility
need review applications shall be submitted on 8.5 inch by 11 inch paper that
shall not include Health Insurance Portability and Accountability Act (HIPAA)
protected information, to the HSS, FNR program manager by one of the following
means:
1. via postal service to the
designated FNR program mailing address; or
2. electronically via the HSS designated
system or software.
C.
Application forms may be requested in writing or by telephone from the FNR
program, or accessed via the department's designated website.
D. The applicant shall also submit with its
application, any written documentation or evidence the applicant believes
supports its FNR application, including but not limited to the following
examples.
1. Any data/documents regarding
waiting lists for the proposed services in the applicant's service
area.
2. Any letters from
healthcare facilities, medical professionals or others, who have
clients/patients/recipients awaiting the proposed services in the applicant's
service area.
3. Any
data/documentation of complaints about clients/patients/recipients not being
able to access the proposed services in the applicant's service area.
4. Any data/documentation about population
groups that do not have access to the proposed services in the applicant's
service area, to whom the applicant will provide such services.
5. Other data/documentation about the need in
the applicant's service area for the proposed services.
6. Other data/documentation about the
probability of serious adverse consequences to recipient's ability to access
healthcare if the applicant was not allowed to be licensed.
E. The applicant representative
specified on the application will be the only person to whom the FNR program
will send written notification in matters relative to the status of the
application during the review process. If the applicant's application
information or representative changes at any time during the review process,
the applicant is required to notify the FNR program in writing.
F. The required nonrefundable FNR application
fee of $200 shall be submitted either by mail to the designated payment address
or electronically via the HSS designated system or software.
G. The review period of the initial
application will be no more than 90 days from receipt of the FNR application,
or within the deadlines established in an RFP or RFA; thereafter, a decision
will be rendered by the FNR committee. The review period begins on the first
day after the date of receipt of the completed application, or, in the case of
issuance of an RFP, on the first day after the period specified in the RFP.
1. Each FNR committee member shall receive a
copy of the initial application and all documentation submitted for
review.
2. The FNR committee shall
meet as a committee to review the initial application within the specified time
limits, as provided herein.
a. The FNR
committee shall meet in-person or through virtual means, including telephone or
virtual technology that facilitates synchronous interaction.
b. All members of the FNR committee shall
attend the meeting, either in-person or by virtual means. The members shall
review the initial application, and the members may request information from
the department in considering an application.
c. The FNR committee shall render a decision
on the initial application, and such decisions are to be by simple majority
decision.
d. The FNR committee's
decision may approve the initial application or may deny the initial
application. Alternatively, the FNR committee may request that the applicant
submit additional or clarifying information and documentation.
e. If the FNR committee decision is to
approve or deny the initial application, the FNR committee shall forward
written notice to the applicant of such decision. The notice shall include
information on supplemental review, appeals, and any additional
instructions.
f. If the FNR
committee decision is to request additional or clarifying information and
documentation from the applicant, the FNR committee shall send written notice
to the applicant, requesting the information and documentation by a specific
date. The initial application and any additional or clarifying information and
documentation shall be considered at the next FNR committee meeting, wherein
the FNR committee shall make a decision on the initial application and forward
written notice to the applicant of such decision. The notice shall include
information on supplemental review, appeal rights, and any additional
instructions.
3. Written
notice of FNR decision along with required follow-up instructions shall be sent
to the applicant by certified mail or by electronic mail with a request for an
acknowledgement and a read and delivery receipt, to the applicant
representative. Written notice of the FNR committee's request for additional or
clarifying information and documentation shall be sent to the applicant by
electronic mail with a request for an acknowledgement and a read and delivery
receipt.
4. Unless otherwise stated
in a specific RFP or RFA, the initial review and decision by the FNR committee
shall consider all written materials and documentation submitted by the
applicant and shall be conducted as a paper review.
5. If the FNR committee approves the FNR
application, then the applicant may proceed with seeking licensure or
certification to participate in the Title XIX program, as applicable.
6. If the FNR application is denied, the
applicant may choose within 30 calendar days of receipt of notice of denial, to
do one of the following:
a. Unless otherwise
stated in a specific RFP or RFA, the applicant may file a request for a
supplemental review by the FNR committee pursuant to the provisions of this
Rule; or
b. In lieu of supplemental
review, the applicant may file an administrative appeal, pursuant to the
provisions of this Rule. Such request for administrative appeal shall be filed
with the Division of Administrative Law (DAL) within 30 calendar days of
receipt of the notice of the denial letter.
i.
The applicant is not required to request a supplemental review and may elect to
proceed directly to an administrative appeal.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2116 et
seq.
