Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 62 - Therapeutic Group Homes › Subchapter B - Licensing › Section I-6211 - Types of Licenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department shall have the authority to issue the following types of licenses.
1. Full Initial License. The department shall
					 issue a full license to the TGH provider when the initial licensing survey
					 finds that the provider is compliant with all licensing laws and regulations,
					 and is compliant with all other required statutes, laws, ordinances, rules,
					 regulations, and fees. The license for a TGH shall be valid until the
					 expiration date shown on the license, unless the license is revoked, suspended,
					 or modified prior to that time.
2.
					 Provisional Initial License. The department may issue a provisional initial
					 license to the TGH provider when the initial licensing survey finds that the
					 provider is noncompliant with any licensing laws or regulations or any other
					 required statutes, laws, ordinances, rules, regulations or fees, but the
					 department determines that the noncompliance does not present a threat to the
					 health, safety or welfare of the clients. The provisional license shall be
					 valid for a period not to exceed six months.
a. At the discretion of the department, the
					 provisional initial license may be extended for an additional period not to
					 exceed 90 days in order for the TGH to correct the noncompliance or
					 deficiencies.
b. The TGH provider
					 shall submit a plan of correction to the department for approval and the
					 provider shall be required to correct all such noncompliance or deficiencies
					 prior to the expiration of the provisional initial license.
c. A follow-up survey shall be conducted
					 prior to the expiration of the provisional initial license.
i. If all such noncompliance or deficiencies
					 are determined by the department to be corrected on a follow-up survey, a full
					 license will be issued.
ii. If all
					 such noncompliance or deficiencies are not corrected on the follow-up survey,
					 the provisional initial license shall expire and the provider shall be required
					 to begin the initial licensing process again by submitting a new initial
					 license application packet and fee.
3. Full Renewal License. The department may
					 issue a full renewal license to an existing licensed TGH provider who is in
					 substantial compliance with all applicable federal, state, departmental, and
					 local statutes, laws, ordinances, rules, regulations and fees. The license
					 shall be valid until the expiration date shown on the license, unless the
					 license is modified, revoked, suspended, or terminated.
4. Provisional Renewal License. The
					 department, in its sole discretion, may issue a provisional license to an
					 existing licensed TGH for a period not to exceed six months.
a. At the discretion of the department, the
					 provisional renewal license may be extended for an additional period not to
					 exceed 90 days in order for the TGH to correct the noncompliance or
					 deficiencies.
b. A provisional
					 renewal license may be issued for the following reasons:
i. the existing TGH has more than five
					 deficient practices or deficiencies cited during any one survey;
ii. the existing licensed TGH has more than
					 three substantiated complaints in a one-year period;
iii. the existing TGH provider has been
					 issued a deficiency that involved placing a client at risk for serious harm or
					 death;
iv. the existing TGH
					 provider has failed to correct deficient practices within 60 days of being
					 cited for such deficient practices or at the time of a follow-up survey;
					 or
v. the existing TGH provider is
					 not in substantial compliance with all applicable federal, state, departmental,
					 and local statutes, laws, ordinances, rules regulations and fees at the time of
					 renewal of the license.
c. When the department issues a provisional
					 renewal license to an existing licensed TGH provider, the provider shall submit
					 a plan of correction to the department for approval, and the provider shall be
					 required to correct all such noncompliance or deficiencies prior to the
					 expiration of the provisional license. The department shall conduct an on-site
					 follow-up survey at the TGH prior to the expiration of the provisional license.
i. If the on-site follow-up survey determines
					 that the TGH has corrected the deficient practices and has maintained
					 compliance during the period of the provisional license, the department may
					 issue a full license for the remainder of the year until the anniversary date
					 of the TGH license.
ii. If the
					 on-site follow-up survey determines that the TGH has not corrected the
					 deficient practices or has not maintained compliance during the period of the
					 provisional license, the provisional renewal license shall expire and the
					 provider shall be required to begin the initial licensing process again by
					 submitting a new initial license application packet and fee, if no timely
					 informal reconsideration or administrative appeal of the deficiencies is filed
					 pursuant to this Chapter.