La. Admin. Code tit. 48 § I-4525

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-4525 - Cessation of Business

A. Except as provided in §4583 and §4585 of these licensing regulations, a license shall be immediately null and void if an ASC ceases to operate.

B. A cessation of business is deemed to be effective the date on which the ASC stopped offering or providing services to the community.

C. Upon the cessation of business, the ASC shall immediately return the original license to the department.

D. Cessation of business is deemed to be a voluntary action on the part of the ASC. The ASC does not have a right to appeal a cessation of business.

E. The ASC shall notify the department in writing 30 days prior to the effective date of the closure or cessation. In addition to the notice, the ASC shall submit a written plan for the disposition of patient medical records for approval by the department. The plan shall include the following:

1. the effective date of the closure;

2. provisions that comply with federal and state laws on storage, maintenance, access and confidentiality of the closed providers patients medical records; and

3. appointed custodian(s) who shall provide the following:

a. access to records and copies of records to the patient or authorized representative, upon presentation of proper authorization(s); and

b. physical and environmental security that protects the records against fire, water, intrusion, unauthorized access, loss and destruction;

4. public notice regarding access to records, in the newspaper with the largest circulation in close proximity to the closing provider, at least 15 days prior to the effective date of closure.

F. If an ASC fails to follow these procedures, the owners, managers, officers, directors and administrators may be prohibited from opening, managing, directing, operating or owning an ASC for a period of two years.

G. Once the ASC has ceased doing business, the center shall not provide services until the ASC has obtained a new initial license.

La. Admin. Code tit. 48, § I-4525

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 431739 (9/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2131-2141.