Current through Register Vol. 50, No. 3, March 20, 2024
A. Except as otherwise provided in this
Chapter, no BHSP 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 committee has granted FNR approval for the issuance of a BHSP license
for such services. Once the FNR approval is granted, a BHSP is eligible to
apply for a BHSP license to provide PSR and/or CPST services.
B. The geographic service area for proposed
or existing BHSP shall be defined to include:
1. the parish that the provider's business
office is located;
2. any parish
contiguous to the parish that the provider's business office is
located;
3. any location within a
50 mile radius of the provider's business office; and
4. within a 50-mile radius of one designated
offsite location of the licensed BHSP.
NOTE: The geographic service area described in this Part
is also applicable to opioid treatment programs licensed as BHSPs.
C. Determination of
Need/Approval
1. The FNR committee shall
review the FNR application to determine if there is a need for additional BHSPs
to provide PSR and/or CPST services in the geographic service area.
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 behavioral health PSR and/or CPST services 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 BHSPs providing PSR
and/or CPST services in the same geographic service area and servicing the same
population;
b. the number of
members that the BHSP is able to provide PSR and/or PST 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 FNR
committee shall not approve an FNR application if it fails to provide such data
and evidence.
D.
Applications for approvals of BHSPs 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 physical location and/or
geographic service area as defined in the application. Facility need review
approval of such providers shall expire if these aspects of the application are
altered or changed.
E. Except as
provided in the Subparagraphs below, FNR approvals for behavioral health PSR
and/or CPST applicants are non-transferrable and are limited to the location
and the name on the original license.
1. A
BHSP of PSR and/or CPST services 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. A BHSP undergoing a change of
physical location outside of the licensed geographic service area shall submit
a new completed FNR application and required fee and undergo the FNR approval
process.
2. A BHSP of PSR and/or
CPST services undergoing a change of ownership shall submit a new completed
application and required fee 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 BHSP of PSR and/or CPST services shall
automatically expire if the provider is moved or transferred to another party,
entity, or physical location without application to and approval by the FNR
program.
4. Facility need review
approved BHSPs of PSR and/or CPST shall become licensed no later than one year
from the date of the FNR approval. Failure to meet this timeframe shall result
in an automatic expiration of the FNR approval of the BHSP.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2116 et
seq.
