La. Admin. Code tit. 48 § I-7715

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

Section I-7715 - Change of Ownership of a Nurse Staffing Agency Provider

A. The license of an NSA is not transferable or assignable and cannot be sold. When an NSA is sold or ownership is transferred, the transferee shall notify the department and apply for a new license within 45 days prior to the transfer.

B. Before a license can be issued to the new owner, the new owner shall meet all licensing application requirements. The new owner shall submit to the department for approval, a change of ownership (CHOW) application packet that includes:

1. a completed CHOW application and the appropriate non-refundable licensing fee as established by statute. The CHOW 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. the legal CHOW document;

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, and for any state lived in within the last five years;

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

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

C. If the CHOW results in a change of geographic address, a survey may be required prior to issuance of the new license.

D. A CHOW of the NSA shall not be submitted at time of the biennial renewal of the NSA's license.

E. An NSA may not undergo a CHOW if any of the following conditions exist. The NSA:

1. licensure is provisional, under revocation or denial of renewal;

2. is in a settlement agreement with the department; or

3. has ceased to operate and does not meet operational requirements to hold a license as defined by §7739 and in accordance with §7723 of this Chapter.

F. The department may deny approval of the CHOW for any of the reasons a license may be revoked or denied renewal pursuant to these licensing provisions.

G. Once all application requirements have been completed and approved by the department, a new license shall be issued to the new owner. The transferor shall remain responsible for the operation of the agency until such time as a license is issued to the transferee.

La. Admin. Code tit. 48, § I-7715

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 491733 (10/1/2023).

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