La. Admin. Code tit. 48 § I-7707

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

Section I-7707 - Initial Licensure Application Process

A. An initial application for licensing as an NSA shall be made to the department on forms provided by the department. A completed initial license application packet for NSAs shall be submitted to and approved by the department prior to an applicant providing NSA services.

B. The initial licensing application packet shall include:

1. a completed NSA licensure application and the appropriate non-refundable licensing fee as established by statute. The license application shall contain the name and address of the person, partnership, corporation, unincorporated association, or other legal entity that is the applicant, and the name and address of the registered agent;

2. if applicable, a copy of the NSA's articles of incorporation or organization, a copy of its current bylaws, and the names and addresses of its officers, administrator/director, and shareholders owning more than 5 percent of the corporation's stock;

3. a copy of verification of current active business with the Secretary of State, or equivalent state business registry, which references the current registered agent;

4. a copy of the organizational chart of the NSA, including the names and addresses of the person or persons under whose management or supervision the NSA will be operated;

5. a statement detailing the experience and qualifications of the applicant to operate an NSA;

6. a statement of financial solvency, comprised of the following:

a. a line of credit issued from a federally insured, licensed lending institution in the amount of at least $25,000 that is:

i. current and in effect at the time of submission of the application for licensure; and

ii. issued to and in the name of the applicant shown on the application for licensure;

b. general and professional liability insurance in an amount sufficient to provide coverage in accordance with the total amount recoverable for all malpractice claims as indicated in R.S. 40:1231.2, or current law; and

c. worker's compensation insurance that is in compliance with the Louisiana Workers' Compensation Law, R.S. 23:1020.1 et seq., or current law, with a minimum coverage in the amount of $1,000,000 that is current and in effect at the time of submission of the license application;

7. proof that the LDH, HSS is specifically identified as the certificate holder on any policies and any certificates of insurance issued as proof of insurance by the insurer or producer (agent);

8. a copy of a statewide criminal background check including sex offender registry status, on all applicant(s), owner(s) with 5 percent or more ownership interest, and administrator/director, for any state lived in within the last five years;

9. a completed disclosure of ownership and control information form;

10. a statement of the days and hours of operation; and

11. any other relevant documentation or information required by the department for licensure.

C. A person convicted of one or more of the following felonies is prohibited from being the owner(s), or the administrator/director of an NSA. For purposes of these provisions, the licensing application shall be rejected by the department for any felony conviction relating to:

1. the violence, abuse, or negligence of a person;

2. the misappropriation of property belonging to another person;

3. cruelty, exploitation, or the sexual battery of the infirmed;

4. a drug offense;

5. crimes of a sexual nature;

6. a firearm or deadly weapon;

7. Medicare or Medicaid fraud; or

8. fraud or misappropriation of federal or state funds.

D. If the initial licensing packet is incomplete, the applicant shall be notified of the missing information and shall have 90 days from receipt of the notification to submit the additional requested information.

1. If the additional requested information is not submitted to the department within 90 days, the application shall be closed.

2. If an initial licensing application is closed, an applicant who is still interested in becoming an NSA shall submit a new initial licensing packet with a new initial non-refundable licensing fee to start the initial licensing process.

E. Once the initial licensing application packet has been approved by the department, the NSA applicant shall notify the department of readiness for an initial licensing survey within 90 days.

1. If an applicant fails to notify the department of readiness for an initial licensing survey within 90 days of approval, the initial licensing application shall be closed. After an initial licensing application is closed, an applicant who is still interested in becoming a NSA must submit a new initial licensing packet with a new initial non-refundable licensing fee to start the initial licensing process.

F. Applicant shall be in compliance with all federal, state, departmental, or local statutes, laws, ordinances, rules, and regulations, and all non-refundable fees shall be paid before the NSA provider will be issued an initial license to operate.

La. Admin. Code tit. 48, § I-7707

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 491730 (10/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254.