Current through Register Vol. 50, No. 3, March 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 FNR, the geographic
service area for a proposed PDHC facility shall be within a 30 mile radius of
the proposed physical location where the provider will be licensed.
C. Determination of Need/Approval
1. The FNR committee will review the
application to determine if there is a need for an additional PDHC provider in
the geographic service area for which the application is submitted.
2. The FNR committee shall approve the FNR
application only if the data contained in the application, and other evidence
effectively establishes the probability of serious, adverse consequences to
recipients' ability to access healthcare if the provider is not allowed to be
licensed.
3. In reviewing the
application, the FNR committee may consider, but is not limited to, evidence
showing:
a. the number of other PDHC
providers in the same geographic service area servicing the same population;
and
b. allegations involving issues
of access to healthcare 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 healthcare if the provider is not
allowed to be licensed. The FNR committee shall not approve an FNR application
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 physical location and/or geographic service area as defined in
the application. Facility need review approval of licensed providers shall
expire if these aspects of the application are altered or changed.
E. FNR approvals are non-transferable and are
limited to the physical location and the name of the original licensee.
1. A PDHC provider undergoing a change of
physical location in the same licensed geographic service area shall submit a
written attestation of the change of physical location, including the license
number, state identification (ID), current address and new address, and the
department shall re-issue the FNR approval with the name and new physical
location. A PDHC provider undergoing a change of physical location outside of
the licensed geographic 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 department's FNR program,
requesting a transfer of the FNR approval to the new owner. Facility need
review approval for the new owner shall be granted upon submission of the new
application and proof of the change of ownership, provided that the legal
change of ownership documents require the seller's or transferor's written
relinquishment of 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.
F. The following
timeframes shall apply for complying with the requirements for obtaining
approval of architectural plans and licensure.
1. Pediatric Day Health Care facilities that
are to be licensed in existing buildings shall have final architectural plans
approved no later than six months from the date of the FNR approval. Such
facilities shall be licensed within one year from the date of the FNR
approval.
2. PDHC facilities that
are to be licensed in newly constructed buildings shall have final
architectural plans approved no later than six months from the date of the FNR
approval. Such facilities shall be licensed within 24 months from the date of
the FNR approval.
3. A one-time
90-day extension may be granted, at the discretion of the department, when
delays are caused by circumstances beyond the control of the
applicant.
4. Failure to meet any
of the timeframes in this Section could result in an automatic expiration of
the FNR approval of the PDHC facility.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
40:2116 et
seq.
