reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter B - Determination of Bed, Unit, Facility, or Agency Need › Section I-12515 - Pediatric Day Health Care Providers

Current through Register Vol. 50, No. 6, June 20, 2024
A. No PDHC provider shall be licensed to
					 operate unless the FNR program has granted an approval for the issuance of a
					 PDHC provider license. Once the FNR program approval is granted, a PDHC
					 provider is eligible to be licensed by the department, subject to meeting all
					 of the requirements for licensure.
B. For purposes of FNR, the geographic
					 service area for a proposed PDHC facility shall be within a 30 mile radius of
					 the proposed physical location where the provider will be licensed.
C. Determination of Need/Approval
1. The FNR committee will review the
					 application to determine if there is a need for an additional PDHC provider in
					 the geographic service area for which the application is submitted.
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 healthcare 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 PDHC
					 providers in the same geographic service area servicing the same population;
					 and
b. allegations involving issues
					 of access to healthcare and 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 healthcare if the provider is not
					 allowed to be licensed. The FNR committee shall not approve an FNR application
					 if the application fails to provide such data and evidence.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter B - Determination of Bed, Unit, Facility, or Agency Need › Section I-12517 - Nursing Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except
					 as otherwise provided in this Chapter, no nursing facility (NF) shall be
					 licensed and certified or enrolled to participate in the Title XIX program
					 unless the FNR program has granted an approval for an additional NF or
					 additional nursing beds to be licensed and enrolled in the Title XIX program.
NOTE: The statutory moratorium in
						R.S.
						40:2116.1(B), or any
						successor statute, prohibits the department from issuing new FNR approvals for
						NF or additional beds in NF until the statutory moratorium expires.
B. The geographic service area for
					 proposed or existing NF or beds is the parish in which the physical location is
					 located.
1. Exception. Any parish that has
					 any portion of the parish below Interstate 10, and that is intersected by the
					 Mississippi River, will be composed of two separate service areas as divided by
					 the Mississippi River.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter B - Determination of Bed, Unit, Facility, or Agency Need › Section I-12519 - Alternate Use of Licensed Approved Title XIX Beds

Current through Register Vol. 50, No. 6, June 20, 2024
A. In a service area in which average annual
					 occupancy is lower than 93 percent, a nursing home may elect to temporarily
					 convert a number of Title XIX beds to an alternate use (e.g., adult day care).
1. The beds may be converted for alternate
					 use until such time as the average annual occupancy in the service area exceeds
					 93 percent (based on the LTC-2 report) and the facility is notified of the
					 same.
2. The facility shall then
					 either re-enroll the beds as nursing home beds within one year of receipt of
					 notice from the department that the average annual occupancy in the service
					 area exceeds 93 percent.
3. The
					 approval for beds not re-enrolled by that time will be
					 expired.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter B - Determination of Bed, Unit, Facility, or Agency Need › Section I-12521 - Additional Beds for Replacement Facility

Current through Register Vol. 50, No. 6, June 20, 2024
A. A NF that has had all approved beds
					 enrolled for the four most recent quarters (as reported in the LTC-2) and is
					 structurally older than 25 years, may apply for approval for additional beds to
					 be enrolled in the Medicaid Program in a replacement facility.
B. The number of beds for which an
					 application may be made shall not exceed 20 beds, with the following exception:
1. a facility may be approved for sufficient
					 beds to bring the total approved beds in the replacement facility to
					 80.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter B - Determination of Bed, Unit, Facility, or Agency Need › Section I-12523 - Home and Community-Based Service Providers (PCA, RC, SIL, and MIHC Modules Only)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
					 otherwise provided in this Chapter, no HCBS provider shall be licensed to
					 operate unless the FNR committee has granted an FNR approval for the issuance
					 of an HCBS provider license. Once the FNR approval is granted, an HCBS provider
					 is eligible to be licensed by the department, subject to meeting all of the
					 requirements for licensure.
B. The
					 geographic service area for proposed or existing HCBS providers is the LDH
					 administrative region that the provider is or will be licensed.
C. Determination of Need/Approval
1. The FNR committee will review the
					 application to determine if there is a need for an additional HCBS provider in
					 the geographic service area for which the application is submitted.
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 healthcare 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 HCBS
					 providers in the same geographic service area servicing the same population;
					 and
b. allegations involving issues
					 of access to healthcare and 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 healthcare if the provider is not
					 allowed to be licensed. The FNR committee shall not approve an FNR application
					 if it fails to provide such data and evidence.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter B - Determination of Bed, Unit, Facility, or Agency Need › Section I-12524 - Behavioral Health Services Providers

Current through Register Vol. 50, No. 6, June 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.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter B - Determination of Bed, Unit, Facility, or Agency Need › Section I-12525 - Behavioral Health Services Providers (PSR and CPST Only)

Current through Register Vol. 50, No. 6, June 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.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter B - Determination of Bed, Unit, Facility, or Agency Need › Section I-12526 - Hospice Providers

Current through Register Vol. 50, No. 6, June 20, 2024
A. No hospice
					 provider shall be licensed to operate unless the FNR Program has granted an
					 approval for the issuance of a hospice provider license. Once the FNR Program
					 approval is granted, a hospice provider is eligible to be licensed by the
					 department, subject to meeting all of the requirements for licensure.
B. The service area for proposed or existing
					 hospice providers is within a 50 mile radius of the proposed geographic
					 location where the provider is or will be licensed.
C. Determination of Need/Approval
1. The department will review the application
					 to determine if there is a need for an additional hospice provider within a 50
					 mile radius of the proposed geographic location for which the application is
					 submitted.
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 the recipients' ability to access hospice care
					 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 hospice providers
					 within a 50 mile radius of the proposed geographic location servicing the same
					 population; and
b. allegations
					 involving issues of access to hospice care and 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 hospice care if the provider is
					 not allowed to be licensed. The department shall not grant any FNR approvals if
					 the application fails to provide such data and evidence.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter B - Determination of Bed, Unit, Facility, or Agency Need › Section I-12527 - Opioid Treatment Program Needs Assessment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department shall conduct an OTP needs
					 assessment to determine if there is a need for new or additional OTPs in a
					 geographic service area. The OTP needs assessment includes criteria and
					 processes that the department utilizes to determine the need for new or
					 additional OTPs in an identified geographic service area. For purposes of this
					 Section, geographic service area follows the criteria established in
					 §12503.H The OTP needs
					 assessment may include all or some of the following review criteria:
1. estimated prevalence of opioid use
					 disorder in the population of the geographic service area to be
					 served;
2. estimated number of
					 persons in need of medication for opioid use disorder (MOUD) in the geographic
					 service area;
3. estimated demand
					 for MOUD treatment in the geographic service area to be served;
4. existing access, utilization, and
					 availability of MOUD treatment in the geographic service area to be served;
					 and
5. data sources that include
					 information compiled and recognized by the department and/or any of the
					 following: Substance Abuse and Mental Health Services Administration (SAMHSA),
					 the United States Census Bureau, the Drug Enforcement Administration (DEA), the
					 National Institute on Drug Abuse (NIDA), and any other state or federally
					 recognized data surveillance system.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter B - Determination of Bed, Unit, Facility, or Agency Need › Section I-12529 - Opioid Treatment Program - Request for Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the department has assessed a need for
					 OTP services in a geographic service area(s) in accordance with §12527,
					 the department will issue an RFA for the specified geographic service area via
					 a statewide public announcement. The RFA will specify the dates that the
					 department will accept applications.
1. The
					 RFA shall specify the following:
a.
					 geographic service area(s) in need of OTP provider(s);
b. number of OTP providers needed;
c. date that the OTP providers need to be
					 available to the target population;
d. application submission
					 requirements;
e. a due date for
					 applications;
f. process of review
					 by the FNR committee of any applications timely received, including any
					 supplemental review process;
g.
					 notice of selection;
h. information
					 on appeals processes for applicants that are not granted FNR approval;
					 and
i. other information or
					 requirements for the RFP or its process, as determined by the
					 department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter B - Determination of Bed, Unit, Facility, or Agency Need › Section I-12531 - Behavioral Health Services Providers (OTP Only)

Current through Register Vol. 50, No. 6, June 20, 2024
A. No OTP may be licensed in the state of
					 Louisiana unless the department has assessed, in its discretion, a need for a
					 new or additional OTP in the geographic service area in accordance with
					 §12527 For
					 purposes of this Section, the geographic service area follows the criteria
					 established in
					 §12503.H All licensed
					 OTPs shall be in compliance with all applicable OTP federal, state, and local
					 laws and regulations.
B. Except as
					 otherwise provided in this Chapter or in the Subparagraphs below, FNR approvals
					 are non-transferable and are limited to the physical location and the name of
					 the original licensee identified in the OTP FNR application.
1. Change of Physical Location
a. A licensed OTP provider, including those
					 OTPs who qualify under the grandfather provision, 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.
b. A licensed OTP provider, including those
					 OTPs who qualify under the grandfather provision, undergoing a change of
					 physical location outside of the licensed geographic service area shall submit
					 a new FNR application and appropriate fee and undergo the FNR approval
					 process.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter B - Determination of Bed, Unit, Facility, or Agency Need › Section I-12533 - Hospice Providers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except
					 as otherwise provided in this Chapter, no hospice provider shall be licensed to
					 operate unless the FNR program has granted an approval for the issuance of a
					 hospice provider license. Once the FNR approval is granted, a hospice provider
					 is eligible to be licensed by the department, subject to meeting all of the
					 requirements for licensure.
B. The
					 geographic service area for proposed or existing hospice providers is any
					 parish within a 50 mile radius of the proposed physical location where the
					 provider is or will be licensed.
C.
					 Determination of Need/Approval.
1. The FNR
					 committee will review the FNR application to determine if there is a need for
					 an additional hospice provider within a 50 mile radius of the proposed physical
					 location that the application is submitted.
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 the
					 recipients' ability to access hospice care if the hospice 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
					 hospice providers within a 50 mile radius of the proposed physical location
					 servicing the same population; and
b. allegations involving issues of access to
					 hospice provider care and services.
4. The burden is on the applicant to provide
					 data and evidence to effectively establish the probability of serious, adverse
					 consequences to the recipients' ability to access hospice care if the hospice
					 provider is not allowed to be licensed. The FNR committee shall not approve any
					 FNR application if the application fails to provide such data and
					 evidence.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter C - Revocation of Facility Need Review Approvals › Section I-12535 - Other Emergency Events (Non-Declared)

Current through Register Vol. 50, No. 6, June 20, 2024
A. This section applies to emergency
					 situations for which an executive order or proclamation of emergency or
					 disaster, pursuant to
					 R.S.
					 29:724 or
					 R.S.
					 29:766, has not been issued.
B. The facility need review bed approvals for
					 a licensed and Medicaid certified nursing facility or ICF/DD, or for a licensed
					 ARCP that is rendered unable to provide services to the public because of an
					 emergency situation or disaster, including, but not limited to, fire, flood,
					 tornado or other condition for which the provider is not primarily responsible,
					 shall remain in effect and shall not be terminated, revoked or considered to
					 have expired for a period not to exceed two years for a nursing facility or
					 ARCP, and one year for an ICF/DD, following the date of such emergency
					 situation or disaster, provided that the following conditions are met:
1. the nursing facility, ICF/DD, or ARCP
					 shall submit written notification to the Health Standards Section within 30
					 days of the date of the emergency situation or disaster that:
a. the nursing facility, ICF/DD, or ARCP has
					 experienced an interruption in the provisions of services as a result of
					 conditions that are described in §12535 B;
b. the nursing facility, ICF/DD, or ARCP
					 intends to resume operation as a nursing facility, ICF/DD, or ARCP in the same
					 service area;
i. if the ICF/DD was approved
					 through an RFP, the ICF/DD must conform to the requirements of the RFP as
					 defined by the department; and
c. includes an attestation that the emergency
					 situation or disaster is the sole causal factor in the interruption of the
					 provision of services;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter C - Revocation of Facility Need Review Approvals › Section I-12537 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except
					 as provided in Subchapter E and Subchapter F of this Chapter, approval shall be
					 revoked under the following circumstances.
1.
					 A facility's license is revoked, not renewed, or denied unless the facility
					 obtains a license within 120 days from the date of such revocation, nonrenewal
					 or denial.
2. A facility's provider
					 agreement is terminated unless, within 120 days thereof, the facility enters
					 into a new provider agreement.
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

Current through Register Vol. 50, No. 6, June 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.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter E - Nursing Facility Bed Abeyance › Section I-12543 - Preliminary Conferences

Current through Register Vol. 50, No. 6, June 20, 2024
A. Although
					 not specifically required, the Bureau of Appeals may schedule a preliminary
					 conference. The purposes of the preliminary conference include, but are not
					 limited to:
1. clarification, formulations
					 and simplifications of issues;
2.
					 resolution of controversial matters;
3. exchange of documents and
					 information;
4. stipulations of
					 fact to avoid unnecessary introduction of witnesses;
5. other matters which may aid disposition of
					 the issues; and
6. scheduling a
					 hearing date that is convenient to all parties.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter E - Nursing Facility Bed Abeyance › Section I-12545 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A NF may
					 have all of its approved beds disenrolled from the Medicaid program and placed
					 in abeyance if the department determines that the average annual occupancy in
					 the service area where the facility is located is less than 85 percent. The
					 department shall base this determination on the occupancy figures contained in
					 the most recent LTC-2 report issued by the department prior to its receipt of a
					 written request that the facility's beds be placed in abeyance in accordance
					 with §12545 B
B. In order to request that a facility's beds
					 be placed in abeyance, all persons or entities who are the holders of the
					 approval, the NF license, and the Medicaid provider agreement shall submit to
					 the department a written request signed by each such person or entity. The
					 written request shall:
1. specify the date,
					 that shall be no later than 120 days after the receipt of the request by the
					 department that the intended closure of the facility will occur; and
2. designate an individual, referred to
					 hereafter as the designated contact person, who shall serve as the contact
					 between the party(ies) submitting the request and the department with respect
					 to all matters involving the placing of the facility's beds in abeyance and
					 their removal from abeyance.
a. The written
					 request shall include the mailing address and telephone number of that
					 person.
b. If the designated
					 contact person is changed, a written notice thereof, signed by each person or
					 entity who submitted the original request, shall be given to the
					 department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter F - Exception Criteria for Facility Need Review Bed Approvals › Section I-12547 - Witnesses and Subpoenas

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each party
					 shall arrange for the presence of their witnesses at the administrative
					 hearing.
B. A subpoena to compel
					 the attendance of a witness shall be issued by the administrative law judge
					 upon written request by a party or on his own motion.
C. The party is required to notify the
					 administrative law judge in writing at least 10 days in advance of the hearing
					 of those witnesses whom he wishes to be subpoenaed.
D. No subpoena shall be issued until the
					 party (other than the department) who wishes to subpoena a witness first
					 deposits with the hearing officer a sum of money sufficient to pay all fees and
					 expenses to which a witness in a civil case is entitled pursuant to
					 R.S.
					 13:3661 and
					 R.S.
					 13:3671.
E. The department may request issuance of
					 subpoenas without depositing said sum of money. The witness fee may be waived
					 if the person is an employee of the department.
F. An application for subpoena duces tecum
					 for the production by a witness of books, papers, correspondence, memoranda or
					 other records, or to permit inspection of such, shall be made in writing to the
					 administrative law judge. The written application shall:
1. give the name and address of the person or
					 entity upon whom the subpoena is to be served.
2. precisely describe the material that is
					 desired to be produced;
3. state
					 the materiality thereof to the issued involved in the proceedings;
					 and
4. include a statement that, to
					 the best of applicant's knowledge, the witness has such items in his possession
					 or under his control.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter F - Exception Criteria for Facility Need Review Bed Approvals › Section I-12549 - Declared Disasters and Emergency Events

Current through Register Vol. 50, No. 6, June 20, 2024
A. The FNR approvals for a licensed and
					 Medicaid certified NF, ICF/DD, ARCP, hospice, PDHC, BHSP of CPST, PSR or OTP
					 services, or an HCBS provider of RC, PCA, SIL, or MIHC services, located in an
					 area or areas that have been affected by an executive order or proclamation of
					 emergency or disaster issued in accordance with
					 R.S.
					 29:724 or
					 R.S.
					 29:766, shall remain in effect and shall not
					 be terminated, revoked, or considered to have expired for a period not to
					 exceed two years for a NF or ARCP, and one year for an ICF/DD, a hospice, PDHC,
					 BHSP of CPST, PSR, or OTP services, or an HCBS provider of RC, PCA, SIL, or
					 MIHC services, following the original date of such executive order or
					 proclamation, provided that the following conditions are met:
1. The NF, ICF/DD, ARCP, hospice, PDHC, BHSP
					 of CPST, PSR, or OTP services, or and HCBS provider of RC, PCA, SIL, or MIHC
					 services, shall submit written notification to the Health Standards Section
					 within 60 days of the date of the executive order or proclamation of emergency
					 or disaster that:
a. the NF, ICF/DD, ARCP,
					 hospice, PDHC, BHSP of CPST, PSR, or OTP services, or an HCBS provider of RC,
					 PCA, SIL, or MIHC services, has experienced an interruption in the provision of
					 services as a result of events that are the subject of such executive order or
					 proclamation of emergency or disaster issued in accordance with
					 R.S.
					 29:724 or
					 R.S.
					 29:766;
b. the NF, ICF/DD, ARCP, hospice, PDHC, BHSP
					 of CPST, PSR, or OTP services or, an HCBS provider of RC, PCA, SIL, or MIHC
					 services, intends to resume operation as a NF, ICF/DD, ARCP, hospice, PDHC,
					 BHSP of CPST, PSR, or OTP services, or an HCBS provider of RC, PCA, SIL, or
					 MIHC services, in the same geographic service area;
i. if the ICF/DD was approved through a
					 request for proposal (RFP), the ICF/DD shall conform to the requirements of the
					 RFP as defined by the department;
c. the facility includes an attestation that
					 the emergency or disaster is the sole causal factor in the interruption of the
					 provision of services; and
d.
					 pursuant to these provisions, an extension of the 60-day deadline may be
					 granted at the discretion of the department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter F - Exception Criteria for Facility Need Review Bed Approvals › Section I-12551 - Non-Declared or Other Emergency Events

Current through Register Vol. 50, No. 6, June 20, 2024
A. This section applies to emergency
					 situations that an executive order or proclamation of emergency or disaster
					 pursuant to
					 R.S.
					 29:724 or
					 R.S.
					 29:766 has not been issued.
B. The FNR approvals for a licensed and
					 Medicaid certified NF, ARCP,ICF/DD, hospice, PDHC, BHSP provider of CPST, PSR,
					 or OTP services, or an HCBS provider of RC, PCA, SIL, or MIHC services that is
					 rendered unable to provide services to the public because of an emergency
					 situation or disaster, including, but not limited to, fire, flood, tornado, or
					 other condition that the provider is not primarily responsible, shall remain in
					 effect and shall not be terminated, revoked, or considered to have expired for
					 a period not to exceed two years for a NF and ARCP, and one year for an ICF/DD,
					 hospice, PDHC, BHSP of CPST, PSR, and OTP services, or an HCBS provider of RC,
					 PCA, SIL, or MIHC services, following the date of such emergency situation or
					 disaster, provided that the following conditions are met:
1. the NF, ARCP, ICF/DD, hospice, PDHC, BHSP
					 of CPST, PSR, and OTP services, or an HCBS provider of RC, PCA, SIL, or MIHC
					 services shall submit written notification to the HSS within 30 calendar days
					 of the date of the emergency situation or disaster that:
a. the NF, ARCP, ICF/DD, hospice, PDHC, BHSP
					 provider of CPST, PSR, or OTP services, or an HCBS provider of RC, PCA, SIL, or
					 MIHC services has experienced an interruption in the provisions of services as
					 a result of conditions that are described in
					 §12551 B;
b. the NF, ARCP, ICF/DD,
					 hospice, PDHC, BHSP of CPST, PSR, or OTP services, or an HCBS provider of RC,
					 PCA, SIL, or MIHC services intends to resume operation as a NF, ARCP, ICF/DD,
					 hospice, PDHC, BHSP of CPST, PSR, or OTP services, or an HCBS provider of RC,
					 PCA, SIL, or MIHC services in the same service area;
i. if the ICF/DD was approved through an RFP,
					 the ICF/DD shall conform to the requirements of the RFP as defined by the
					 department; and
c.
					 includes an attestation that the emergency situation or disaster is the sole
					 causal factor in the interruption of the provision of
					 services;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 125 - Facility Need Review › Subchapter F - Exception Criteria for Facility Need Review Bed Approvals › Section I-12553 - Temporary Inactivation Due to Major Alterations

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensed NF, ARCP, ICF/DD, hospice,
					 PDHC, or BHSP of CPST, PSR, or OTP services, or an HCBS provider of RC, PCA,
					 SIL, or MIHC services that is undergoing major alterations to its physical
					 plant may request a temporary inactivation of a certain number of the
					 facility's FNR bed approvals provided that:
1.
					 the NF, ARCP, ICF/DD, hospice, PDHC, or BHSP of CPST, PSR, or OTP services, or
					 an HCBS provider of RC, PCA, SIL, or MIHC services submits a written request to
					 the licensing agency of the department seeking temporary inactivation of a
					 certain number of its FNR bed approvals. Such written request shall include the
					 following:
a. a statement that the NF, ARCP,
					 ICF/DD, hospice, PDHC, BHSP of CPST, PSR, or OTP services, or an HCBS provider
					 of RC, PCA, SIL, or MIHC services is undergoing major alterations to ensure or
					 enhance the health, safety, and welfare of the residents;
b. a statement that the major alterations to
					 the NF, ARCP, ICF/DD, hospice, PDHC, or BHSP of CPST, PSR, or OTP services, or
					 an HCBS provider of RC, PCA, SIL, or MIHC services will cause a certain number
					 of beds to be de-licensed and dis-enrolled;
c. an attestation that the major alterations
					 are the sole causal factor in the request for temporary inactivation of a
					 certain number of the facility's FNR bed approvals;
d. the anticipated start date of the
					 temporary inactivation of a certain number of the facility's FNR bed
					 approvals;
e. the anticipated end
					 date of the temporary inactivation of a certain number of the facility's FNR
					 bed approvals; and
f. the number of
					 the facility's FNR bed approvals requested to be inactivated
					 temporarily;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 129 - Opioid Treatment Program (OTP) Need and Application Reviews › Subchapter A - General Provisions › Section I-12903 - General Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
					 opioid treatment program may be licensed in the state of Louisiana after July
					 1, 2001 unless the department has determined, in its discretion, that there is
					 a need for new or additional opioid treatment programs in a certain geographic
					 location. The department will provide criteria and processes for determining
					 whether such a need exists and procedures for selecting an opioid treatment
					 program to be licensed once a need has been determined. An offsite location
					 and/or a mobile site of an existing OTP clinic is considered a new OTP and, as
					 such, must receive approval of the department OTP need and applications
					 reviews.
1. The department shall conduct an
					 OTP need review to determine if there is a need for new or additional opioid
					 treatment programs in a certain geographic location.
2. Once the need has been determined, the
					 department will issue a request for applications for new or additional
					 OTPs.
3. The department shall
					 conduct an OTP application review.
4. Once the application review approval is
					 granted, the OTP is then eligible to apply for a license from the
					 department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 129 - Opioid Treatment Program (OTP) Need and Application Reviews › Subchapter B - Determination of Need › Section I-12905 - Opioid Treatment Program Need Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. The OTP need review includes criteria and
					 processes to determine the need for new or additional OTPs in a certain
					 geographic location within an identified DHH administrative region.
B. Determination of Need
1. The department will determine need through
					 a review and evaluation of the following criteria:
a. estimated prevalence of opioid addiction
					 in the population of the geographic area to be served; and
b. estimated number of persons in need of
					 medication-assisted treatment for opioid addiction in the geographic area;
					 and
c. estimated treatment demand
					 for medication-assisted opioid addiction treatment in the geographic area to be
					 served; and
d. existing access,
					 utilization and availability of medication-assisted opioid addiction treatment
					 in the geographic area to be served.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 129 - Opioid Treatment Program (OTP) Need and Application Reviews › Subchapter D - Administrative Appeals › Section I-12909 - Appeal Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
					 denial of the department to grant an OTP proposal review approval, only the
					 applicant shall have the right to request an administrative appeal.
1. A written request for such an appeal must
					 be submitted to the secretary within 30 days after the notification of the
					 denial is received by the applicant.
2. The request shall contain a statement
					 setting forth the specific reasons the applicant disagrees with the
					 denial.
3. All administrative
					 appeals shall be consolidated for purposes of the hearing.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 129 - Opioid Treatment Program (OTP) Need and Application Reviews › Subchapter D - Administrative Appeals › Section I-12911 - Licensing and Certification Compliance

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following time frames shall apply for
					 complying with the requirements for obtaining DHH licensure as an opioid
					 treatment program and for complying with all applicable federal, state, and
					 local laws and regulations.
1. Opioid
					 treatment programs shall achieve DHH licensure no later than one year from the
					 date of the OTP application review approval.
2. OTPs shall be in compliance with all
					 applicable OTP federal, state, and local laws and regulations no later than one
					 year from the date of the OTP application review approval.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 5 - Health Planning › Chapter 129 - Opioid Treatment Program (OTP) Need and Application Reviews › Subchapter E - Rescission of OTP Need Review Application Approvals › Section I-12913 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Opioid
					 treatment program application review approval shall be automatically rescinded
					 upon rendering of a final decision under the following circumstances:
1. a clinic's license is revoked;
2. a clinic's license is not
					 renewed;
3. a clinic's license is
					 denied;
4. a clinic's license is
					 voluntarily surrendered;
5. a
					 cessation of the clinic's business;
6. a clinic's accreditation is
					 revoked;
7. a clinic's
					 accreditation is not renewed;
8. a
					 clinic's accreditation is denied.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 135 - HIV/AIDS Testing › Section I-13501 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. An HIV-related
				  test is a test which is performed solely for the purpose of identifying the
				  presence of antibodies or antigens indicative of infection with Human
				  Immunodeficiency Virus (HIV) including but not limited to: HIV antibody ELISA,
				  Western blot and Immunoflourescent Assay (IFA) tests, HIV viral cultures,
				  Polymerase chain reaction (PCR) test for detection of HIV and HIV antigen
				  tests.
B. HIV test result is the
				  original document, or copy thereof, transmitted to the medical record from the
				  laboratory or other testing site the result of an HIV-related test. The term
				  shall not include any other note, notation, diagnosis, report or other writing
				  or document.
C. Contact is a
				  sex-sharing or needle-sharing partner, a person who has had contact with blood
				  or body fluids to which universal precautions apply through percutaneous
				  inoculation or contact with an open wound, non-intact skin, or mucos membrane,
				  or a person who has otherwise been exposed to an HIV infected person in such a
				  way that infection may have occurred as defined by the Department of Health and
				  Hospitals regulations based upon Center for Disease Control
				  guidelines.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.40:38.5
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 135 - HIV/AIDS Testing › Section I-13503 - Consent for Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Informational Provisions. Prior to the execution of informed consent, the
				  health care provider requesting the performance of an HIV-related test shall
				  provide to the subject of an HIV-related test, or, if the subject lacks
				  capacity to consent, to a person authorized by law to consent to health care
				  for the subject, an oral, videotaped, or written explanation of the nature of
				  AIDS and HIV-related illness, as well as oral, videotaped, or written
				  information about behavior known to pose risks for transmission and contraction
				  of HIV infection. The consent form developed by the Department of Health and
				  Hospitals, Office of Public Health, contains the minimal requirements for
				  meeting these provisions as does the informational brochure developed for this
				  purpose. If the information is given orally to the subject it should describe
				  at a minimum:
1. the voluntary nature of the
				  test;
2. measures for the
				  prevention of exposure to, and transmission of HIV, including discussion of
				  abstinence, monogamy, safer sex using condoms, cleaning needles, or other
				  prevention measures needed by the patient as well as partner
				  notification;
3. the accuracy and
				  reliability of testing for HIV;
4.
				  the significance of the results of such testing, including the potential for
				  developing the Acquired Immunodeficiency Syndrome;
5. encouraging the individual, as
				  appropriate, to undergo such testing;
6. the benefits of such testing, including
				  the medical benefits of diagnosing HIV disease in the early stages and the
				  medical benefits of receiving early intervention services during such
				  stages;
7. the possibility that the
				  subject may suffer discrimination if the results of the test are disclosed
				  inappropriately.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 135 - HIV/AIDS Testing › Section I-13507 - Regulation of Practices of Insurers' and Practices of Other Entities' and Individuals' Interacting with Insurers Relating to HIV-Related Testing or HIV Test Results

Current through Register Vol. 50, No. 6, June 20, 2024
A. With the
				  exception of §13505. B 12, in the case of a person applying for or already
				  insured under an insurance policy who will be or has been the subject of a test
				  to determine infection for human immunodeficiency virus (HIV), all facets of
				  insurers' practices in connection with HIV-related testing and HIV test results
				  shall be governed exclusively by Title 22 of the Revised Statutes of 1950 and
				  any regulations promulgated pursuant thereto by the commissioner of the
				  Department of Insurance who shall have authority to promulgate such
				  regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.40:38.5.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 135 - HIV/AIDS Testing › Section I-13509 - Forms

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department
				  of Health and Hospitals, Office of Public Health has developed forms for
				  obtaining informed consent for HIV testing, for release of medical information,
				  and a brochure to provide information to a person being tested for HIV pursuant
				  to Act 1054. These forms are not included in the final rules for this act so
				  that they can be updated as information regarding HIV and AIDS expands. Copies
				  of these forms are available from the HIV/AIDS Services Program, Office of
				  Public Health, 325 Loyola Avenue, Room 618, New Orleans, LA 70112.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.40:38.5.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 137 - Home Based Care › Section I-13701 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. When used in
				  this Subpart, unless expressly stated otherwise or unless the context of
				  subject matter requires a different interpretation:
Department
- the Louisiana Department of
					 Health and Hospitals.
Home Based Care
- medical, hospice, and
					 support services provided in the client's home by a licensed Home Health Care
					 or Hospice agency.
Poverty Guideline
- the federal income
					 official poverty line applicable to a family of the same size as the
					 applicant's as published annually in the Federal Register.
Program
- the home based care program for
					 HIV infected persons.
Service Agency or Agency
- the licensed
					 home health or hospice agency which has a contract to provide
					 services.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:256 et
					 seq.