La. Admin. Code tit. 48 § I-8715

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

Section I-8715 - Types of Licenses

A. In the event that the initial licensing survey finds that the ABI facility is compliant with all licensing laws and regulations, and is compliant with all other applicable required statutes, laws, ordinances, rules, regulations and fees, the department shall issue a full license to the facility. The license shall be valid until the expiration date shown on the license, unless the license is modified, revoked, or suspended.

B. In the event that the initial licensing survey finds that the ABI facility is non-compliant with any licensing laws or regulations or any other applicable required statutes, laws, ordinances, rules or regulations, but the department in its sole discretion determines that the non-compliance does not present a threat to the health, safety or welfare of the participants or persons receiving services, the department may issue a provisional initial license for a period not to exceed six months.

1. The facility shall submit a plan of correction to LDH for approval and shall be required to correct all such non-compliance or deficiencies prior to the expiration of the provisional license.

a. If all such non-compliance or deficiencies are determined by the department to be corrected on a follow-up survey, a full license will be issued.

b. If all such non-compliance or deficiencies are not corrected on the follow-up survey, or if new deficiencies that are a threat to the health, safety or welfare of the client(s) are cited on the follow-up, the provisional license will expire.

i. If the applicant still wishes to operate as an ABI facility, it shall begin the initial licensing process again by submitting a new initial license application packet and fee.

C. The department may renew the license of an existing licensed ABI facility that is in substantial compliance with all applicable federal, state, departmental and local statutes, laws, ordinances, rules, regulations and fees. The license shall be valid until the expiration date shown on the license, unless the license is modified, revoked or suspended.

D. The department, in its sole discretion, may issue a provisional license to a licensed ABI facility for a period not to exceed six months, for any one of the following reasons:

1. the ABI facility has more than five deficient practices or deficiencies cited during any one survey;

2. the ABI facility has more than three validated complaints in one licensed year period;

3. the ABI facility has been issued a deficiency that involved placing a participant at risk for serious harm or death;

4. the ABI facility has failed to correct deficient practices within 60 days of being cited for such deficient practices or at the time of a follow-up survey;

5. the ABI facility is not in substantial compliance with all applicable federal, state, departmental and local statutes, laws, ordinances, rules, regulations and fees at the time of renewal of the license; or

6. there is documented evidence that a representative of the facility has, with or without the knowledge or consent of facility's owner, medical director and/or administrator/director, bribed, harassed, offered, paid for or received something of economic value for the referral of an individual to use the services of a particular brain injury facility.

E. When the department issues a provisional license to a licensed ABI facility, the department may conduct an on-site follow-up survey at the ABI facility prior to the expiration of the provisional license. The existing facility with a provisional license is required to correct all non-compliance or deficiencies at the time the follow-up survey is conducted.

1. If the on-site follow-up survey determines that the ABI facility has corrected the deficient practices and has maintained compliance during the period of the provisional license, the department may issue a full license for the remainder of the year until the anniversary date of the ABI facility license.

2. If the on-site follow-up survey determines that the ABI facility has not corrected the deficient practices or has not maintained compliance during the period of the provisional license, the provisional license shall expire.

a. If this occurs, the facility shall coordinate and arrange for discharge or transfer of the clients, as appropriate.

F. If a licensed ABI facility has been issued a notice of license revocation, suspension or modification, and the facility's license is due for annual renewal, the department shall deny the license renewal. The denial of the license renewal does not affect the license revocation, suspension or modification, or any other sanction imposed by the department for violations prior to the denial of the renewal.

La. Admin. Code tit. 48, § I-8715

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 432169 (11/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 40:2120.31-40.