Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 42 - Adult Day Health Care › Subchapter A - General Provisions › Section I-4211 - 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. In the event that the initial licensing
					 survey finds that the ADHC center is compliant with all licensing laws and
					 regulations, and is compliant with all other required statutes, laws,
					 ordinances, rules, regulations, and fees, the department shall issue a full
					 license to the center. The license shall be valid until the expiration date
					 shown on the license unless the license is modified, revoked, suspended, or
					 terminated.
2. In the event that
					 the initial licensing survey finds that the ADHC center is noncompliant with
					 any licensing laws or regulations or any other required statutes, laws,
					 ordinances, rules, regulations or fees, the department is authorized to issue a
					 provisional initial license pursuant to the requirements and provisions of this
					 §4209
3. The department may
					 issue a full renewal license to an existing licensed ADHC center 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. The department, in its sole discretion,
					 may issue a provisional license to an existing licensed ADHC center for a
					 period not to exceed six months, for the following reasons:
a. the existing ADHC center has more than
					 five deficient practices or deficiencies cited during any one survey;
b. the existing ADHC center has more than
					 three validated complaints in one licensed year period;
c. the existing ADHC center has been issued a
					 deficiency that involved placing a participant at risk for serious harm or
					 death;
d. the exiting ADHC center
					 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;
e. the existing ADHC center 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.
5. When the department issues a provisional
					 license to an existing licensed ADHC center, the department shall conduct an
					 on-site follow-up survey at the ADHC center prior to the expiration of the
					 provisional license. If that on-site follow-up survey determines that the ADHC
					 center 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 ADHC
					 license.
6. If an existing licensed
					 ADHC center has been issued a notice of license revocation, suspension,
					 modification, or termination, and the centers license is due for annual
					 renewal, the department shall deny a license renewal subject to the pending
					 license revocation, suspension, modification, or termination. The denial of
					 renewal of such a license does not affect in any manner the license revocation,
					 suspension, modification or termination.