Current through Register Vol. 50, No. 11, November 20, 2024
Section I-8243 - Cessation of BusinessA. Except as provided in §8245 and §8246 of these licensing regulations, a license shall be immediately null and void if a hospice ceases to operate. B. A cessation of business is deemed to be effective the date on which the hospice stopped offering or providing services to the community. C. Upon the cessation of business, the hospice 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 hospice. The hospice does not have a right to appeal a cessation of business.E. Prior to the effective date of the closure or cessation of business, the hospice shall: 1. give 30 days advance written notice to: b. each patients attending licensed medical practitioner; andc. each patient or patients legal representative, if applicable; and2. provide for an orderly discharge and transition of all of the patients in the hospice.F. In addition to the advance notice of voluntary closure, the hospice shall submit a written plan for the disposition of all patient medical records for approval by the department. The plan shall include: 1. the effective date of the voluntary closure;2. provisions that comply with federal and state laws on storage, maintenance, access, and confidentiality of the closed hospices patients medical records;3. an 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); andb. physical and environmental security that protects the records against fire, water, intrusion, unauthorized access, loss and destruction; and4. public notice regarding access to records, in the newspaper with the largest circulation in close proximity to the closing hospice, at least 15 days prior to the effective date of closure.G. If a hospice fails to follow these procedures, the owners, managers, officers, directors, and administrators may be prohibited from opening, managing, directing, operating, or owning a hospice for a period of two years.H. Once the hospice has ceased doing business, the hospice shall not provide services until the hospice has obtained facility need review approval and applied for initial licensure in accordance with requirements of this Chapter.La. Admin. Code tit. 48, § I-8243
Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 15:482 (June 1989), amended LR 24:2274 (December 1998), Amended by the Department of Health, Bureau of Health Services Financing, LR 44602 (3/1/2018).AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2181-2191.