Current through Register Vol. 50, No. 9, September 20, 2024
A. Except as noted in Paragraph B below, no
behavioral health services (BHS) providers or applicants seeking to provide
psychosocial rehabilitation (PSR) and/or community psychiatric support and
treatment (CPST) services shall be eligible to apply for licensure to provide
PSR and/or CPST services unless the FNR Program has granted an approval for the
issuance of a BHS provider license for such services. Once the FNR Program
approval is granted, a BHS provider is eligible to apply for a BHS provider
license to provide PSR and/or CPST services.
B. BHS providers who fall within the
provisions of Act 33 of the 2017 Regular Session of the Louisiana Legislature,
commonly referred to as accredited mental health rehabilitation providers, are
required to submit a BHS provider licensing application by December 1, 2017 and
become licensed by April 1, 2018.
1.
Beginning December 2, 2017, such an "Act 33" BHS provider that failed to submit
its completed licensing application by December 1, 2017, shall be subject to
FNR and shall not be eligible to apply for licensure to provide PSR and/or CPST
services unless the FNR Program has granted an approval for the issuance of a
BHS provider license for such services. Once the FNR Program approval is
granted, such a BHS provider is eligible to apply for a BHS provider license to
provide PSR and/or CPST services.
2. Beginning April 2, 2018, such an "Act 33"
BHS provider that submitted its completed licensing application by December 1,
2017, but failed to become licensed by April 1, 2018, shall be subject to FNR
and shall not be eligible to apply for licensure to provide PSR and/or CPST
services unless the FNR Program has granted an approval for the issuance of a
BHS provider license for such services. Once the FNR Program approval is
granted, such a BHS provider is eligible to apply for a BHS provider license to
provide PSR and/or CPST services.
C. The service area for proposed or existing
BHS providers shall be the parish in which the provider is licensed and
parishes directly adjacent to said parish.
D. Determination of Need/Approval
1. The department shall review the FNR
application to determine if there is a need for an additional BHS provider to
provide PSR and/or CPST services in the service area.
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 behavioral health PSR and/or CPST
services 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 BHS providers
providing PSR and/or CPST services in the same geographic location and service
area servicing the same population;
b. the number of members that the BHS
provider is able to provide PSR and/or CPST services to; and
c. allegations involving issues of access to
behavioral health PSR and/or CPST 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 behavioral health PSR and/or CPST
services if the provider is not granted approval to be licensed. The department
shall not grant any FNR approvals if the application fails to provide such data
and evidence.
E.
Applications for approvals of BHS providers of PSR and/or CPST services
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 such providers
shall expire if these aspects of the application are altered or
changed.
F. Facility need review
approvals for behavioral health PSR and/or CPST applicants are
non-transferrable and are limited to the location and the name on the original
licensee.
1. A BHS provider of PSR and/or
CPST services undergoing a change of location in the same licensed region 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 BHS provider
undergoing a change of location outside of the licensed region shall submit a
new completed FNR application and required fee and undergo the FNR approval
process.
2. A BHS provider of PSR
and/or CPST services undergoing a change of ownership shall submit a new
completed application and required fee 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 shall show the sellers
or transferors intent to relinquish the FNR approval.
3. Facility need review approval of a
licensed BHS provider of PSR and/or CPST services 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.
4. Facility need review approved BHS
providers of PSR and/or CPST shall become licensed no later than one year from
the date of the FNR approval. Failure to meet any of the time frames in this
section shall result in an automatic expiration of the FNR approval of the BHS
provider.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2116.
