Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 5 - Health Planning
Chapter 125 - Facility Need Review
Subchapter D - Relocation of Nursing Facility Beds
Section I-12541 - General Provisions
Universal Citation: LA Admin Code I-12541
Current through Register Vol. 50, No. 3, March 20, 2024
A. A NF's approved beds (e.g. Medicaid FNR approvals) cannot be relocated to a different service area, subject to the exceptions in §12541.C and §12541.D below.
B. Approved beds may be relocated in the same service area only under the following conditions:
1. Subject to the exceptions in B.2 and C of
this Section all of a NF's approved beds shall be relocated to a single new
location.
a. The approval of any beds not
relocated to that new location shall be revoked.
2. Notwithstanding the requirements of B.1 of
this Section, a partial relocation of approved beds may be affected if the
following conditions are met:
a. the approved
beds are in a NF owned by a hospital service district as of the date of
adoption of this Rule and at the time of the partial relocation;
b. the partial relocation does not place the
approved beds in a different service area;
c. the approved beds are relocated to the
site of a currently operational hospital owned by the same or a different
hospital service district.
i. If the new
location is owned by a different hospital service district, the ownership of
the approval of the relocated beds shall be transferred to the hospital service
district to which the beds are relocated; and
d. no more than 25 percent of the NF's
approved beds are relocated.
3. If, within five years after a partial
relocation to a hospital site pursuant to B.2 of this Section, the hospital
located at that site ceases operations, the relocated beds shall revert to the
original facility from which they were relocated. This provision shall not
apply to relocations that require a transfer of ownership of the approval of
the relocated beds.
4. A hospital
service district may relocate or transfer the ownership of the approval of
approved beds pursuant to B.2.c of this Section only once.
5. Subsection B.2-4 of this Section are not
intended to prohibit or restrict the relocation of all of the approved beds in
a NF by a hospital service district in accordance with Subsections A and B.1 of
this Section.
C. In addition to §12541.B approved beds may be relocated in the same service district or same parish under the following conditions.
1. The department may
approve a one-time partial relocation/transfer of a NF's Medicaid FNR approvals
to another licensed, certified, operational NF in the same parish, provided
that all of the following provisions are met.
a. The transferring NF shall send a written
request to the department's licensing section at least 30 days before the
proposed transfer, for the department's review and approval.
b. The transferring NF may relocate/transfer
Medicaid FNR approvals to another NF pursuant to
§12541.C only
once.
c. The transferring NF and
the receiving NF shall be related companies that are under common ownership.
i. For purposes of
§12541 C, common ownership is defined as
the same persons or entities owning at least 80 percent of both
companies.
ii. For purposes of
§12541 C, ownership includes, but is not
limited to, shares in a corporation, membership in a limited liability company,
or partnership interest in a partnership or limited liability
partnership.
d. The
transferring NF may not relocate/transfer less than 10 Medicaid FNR approvals
to another NF.
e. A transferring NF
may not relocate/transfer more than 25 percent of its Medicaid FNR approvals to
another facility.
f. The Medicaid
FNR approvals relocated/transferred become Medicaid FNR approvals of the
receiving NF, and the transferring NF relinquishes all rights in those Medicaid
FNR approvals, but may retain licensure of the licensed NF beds.
g. At the time of the relocation/transfer of
the Medicaid FNR approvals, the receiving facility shall have more licensed NF
beds than it has Medicaid FNR approvals. The number of Medicaid FNR approvals
transferred shall not exceed the number of licensed-only beds (e.g., licensed
NF beds not having Medicaid FNR approval) at the receiving NF. The receiving NF
is prohibited from receiving more Medicaid FNR approvals than can be utilized
for the receiving NF's current licensed bed capacity. Under no circumstances
shall a receiving facility license additional beds in order to accommodate the
relocated Medicaid FNR approvals. After the relocation, the receiving NF shall
have the same number of licensed beds as prior to the relocation.
h. All relocated Medicaid FNR approvals are
subject to state and federal bed change guidelines and procedures.
i. The provisions of
§12535.C pertaining to
the transfer of Medicaid FNR approvals shall sunset in 24 months from the date
of the promulgation of the final Rule implementing
§12535.C and shall have
no effect henceforth. D. In addition to Subsections B and C of this Section,
Medicaid FNR approvals of an existing licensed and certified NF that is
awaiting the completion of a replacement NF building, may be temporarily
relocated to a licensed building that may be outside of the service area or
parish of the existing FNR approved service area or parish under the following
conditions.
1. The
department may approve a one-time temporary relocation of a NF's Medicaid FNR
approvals to another licensed building that may be outside the existing FNR
approved service area or parish provided that all of the following provisions
are met.
a. The relocating NF shall send a
written request to the department's HSS at least 30 days before the proposed
temporary relocation outside the existing FNR approved service area or parish,
for the department's review and approval. This request shall include all good
cause grounds for the temporary relocation of the Medicaid FNR approvals. The
department will determine if approval of the temporary relocation will be
granted.
b. The NF shall not
temporarily relocate to a licensed building located in a service area or parish
that is greater than 100 miles from the existing licensed service area or
parish of the NF.
c. The
temporarily relocating NF shall maintain the same number of licensed and
Medicaid FNR approved beds as prior to the relocation.
d. All temporarily relocated Medicaid FNR
approvals of the licensed and certified NF are subject to compliance with all
state and federal licensure/certification guidelines and procedures.
e. The temporary location shall be in
compliance with all licensing and certification standards for nursing
facilities, and receive a temporary NF license issued by the
department.
f. The temporary
license shall expire six months from the date of issuance and the facility
shall relocate to its new replacement NF building during that period. One
extension of the temporary license, not to exceed 90 days, may be granted by
the department for good cause shown.
g. During the period of temporary licensure,
the NF shall not accept any new admissions to the facility.
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2116 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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