Current through Register Vol. 50, No. 9, September 20, 2024
A. Except as
otherwise provided in this Chapter, no HCBS provider shall be licensed to
operate unless the FNR committee has granted an FNR approval for the issuance
of an HCBS provider license. Once the FNR approval is granted, an HCBS provider
is eligible to be licensed by the department, subject to meeting all of the
requirements for licensure.
B. The
geographic service area for proposed or existing HCBS providers is the LDH
administrative region that the provider is or 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 HCBS 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 HCBS
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 it 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. Except as provided in the Subparagraphs
below, FNR approvals for licensed providers are non-transferrable and are
limited to the physical location and the name of the original licensee.
1. An HCBS 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 ID, current address and new address, and the department shall
re-issue the FNR approval with the name and new physical location. An HCBS
provider undergoing a change of physical location outside of the licensed
geographic service area shall submit a new FNR application and fee and undergo
the FNR approval process.
2. An
HCBS 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. Facility need review approval of a
licensed provider shall automatically expire if the provider is moved or
transferred to another party, entity, or geographic service area/physical
location without application to and approval by the FNR program.
F. FNR-approved HCBS applicants
shall become licensed no later than six months from the date of the FNR
approval.
1. 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. Inappropriate zoning is not
a basis for extension.
2. Failure
to meet any of the timeframes in this Section shall result in an automatic
expiration of the FNR approval of the HCBS agency.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
40:2116 et
seq.
