Current through Register Vol. 50, No. 9, September 20, 2024
A. No PDHC provider shall be licensed to
operate unless the FNR Program has granted an approval for the issuance of a
PDHC provider license. Once the FNR Program approval is granted, a PDHC
provider is eligible to be licensed by the department, subject to meeting all
of the requirements for licensure.
B. For purposes of facility need review, the
service area for a proposed PDHC shall be within a 30 mile radius of the
proposed physical address where the provider will be licensed.
C. Determination of Need/Approval
1. The department will review the application
to determine if there is a need for an additional PDHC provider in the
geographic location and service area for which the application is
submitted.
2. The department shall
grant FNR approval only if the FNR application, the data contained in the
application, and other evidence effectively establishes the probability of
serious, adverse consequences to recipients ability to access health care if
the provider is not allowed to be licensed.
3. In reviewing the application, the
department may consider, but is not limited to, evidence showing:
a. the number of other PDHC providers in the
same geographic location, region, and service area servicing the same
population; and
b. allegations
involving issues of access to health care and services.
4. The burden is on the applicant to provide
data and evidence to effectively establish the probability of serious, adverse
consequences to recipients ability to access health care if the provider is not
allowed to be licensed. The department shall not grant any FNR approvals if the
application fails to provide such data and evidence.
D. Applications for approvals of licensed
providers submitted under these provisions are bound to the description in the
application with regard to the type of services proposed as well as to the site
and location as defined in the application. FNR approval of licensed providers
shall expire if these aspects of the application are altered or
changed.
E. FNR approvals for
licensed providers are non-transferable and are limited to the location and the
name of the original licensee.
1. A PDHC
provider undergoing a change of location in the same licensed service area
shall submit a written attestation of the change of location and the department
shall re-issue the FNR approval with the name and new location. A PDHC provider
undergoing a change of location outside of the licensed service area shall
submit a new FNR application and appropriate fee and undergo the FNR approval
process.
2. A PDHC provider
undergoing a change of ownership shall submit a new application to the
departments FNR Program. FNR approval for the new owner shall be granted upon
submission of the new application and proof of the change of ownership, which
must show the sellers or transferors intent to relinquish the FNR
approval.
3. FNR approval of a
licensed provider shall automatically expire if the provider is moved or
transferred to another party, entity or location without application to and
approval by the FNR program.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
40:2116.
