Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 85 - Intermediate Care Facilities for Persons with Developmental Disabilities › Subchapter A - General Provisions › Section I-8509 - Initial Licensing Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Prior to the initial license being issued to the ICF/DD, an initial licensing
					 survey shall be conducted on site at the facility to assure compliance with the
					 licensing laws and standards.
B. In
					 the event that the initial licensing survey finds that the ICF/DD facility 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 provider. The license shall be
					 valid until the expiration date shown on the license, unless the license is
					 modified, revoked, suspended or terminated.
C. In the event the initial licensing survey
					 finds that the ICF/DD facility is non-compliant with any licensing laws or
					 regulations or any other required statutes, law, ordinances, rules or
					 regulations, but the department in its sole discretion determines that the
					 noncompliance does not present a potential threat to the health, safety, or
					 welfare of the individuals receiving services, the department may issue a
					 provisional initial license for a period not to exceed six months. The facility
					 must submit a plan of correction to DHH for approval, and the provider shall be
					 required to correct all such noncompliance or deficiencies prior to the
					 expiration of the provisional license. If all such noncompliance or
					 deficiencies are determined to by the department to be corrected on a follow-up
					 survey, then a full license shall be issued. If all such noncompliance or
					 deficiencies are not corrected on the follow-up survey or new deficiencies
					 affecting the health, safety, or welfare of a client are cited, the provisional
					 license shall expire and the provider shall be required to begin the initial
					 licensing process again by submitting a new initial license packet and fee.
					 However, at the sole discretion of the department the provisional license may
					 be extended for an additional period not to exceed nine days in order for the
					 ICF/DD to correct the noncompliance or deficiencies.
D. In the event that the initial licensing
					 survey finds that the ICF/DD facility is noncompliant with any licensing laws
					 or regulations or any other required statute, law, ordinance, Rule, or
					 regulation, or that present a potential threat to the health, safety, or
					 welfare of the individuals receiving services, the department shall deny the
					 initial license.
E. The initial
					 licensing survey of an ICF/DD provider shall be a scheduled, announced survey.
					 There shall be at least one individual in the ICF/DD facility at the time of
					 the initial licensing survey.
F.
					 Once an ICF/DD provider has been issued an initial license, the department
					 shall conduct licensing surveys at intervals deemed necessary by DHH to
					 determine compliance with licensing regulations, as well as other required
					 statutes, laws, ordinances, rules, regulations, and fees. These licensing
					 surveys shall be unannounced.
1. An
					 acceptable plan of correction may be required from an ICF/DD provider for any
					 survey where deficiencies have been cited. Such plan of correction shall be
					 approved by the department.
2. A
					 follow-up survey shall be conducted for any survey where deficiencies have been
					 cited to ensure correction of the deficient practices.
3. If deficiencies have been cited,
					 regardless of whether an acceptable plan of correction is required, the
					 department may issue appropriate sanctions, including, but not limited to:
a. civil monetary penalties;
b. directed plans of correction;
					 and
c. license
					 revocations.