La. Admin. Code tit. 48 § I-4515

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

Section I-4515 - Renewal of License

A. The ASC shall submit a completed license renewal application packet to the department at least 30 days prior to the expiration of the current license. The license renewal application packet shall include:

1. the license renewal application;

2. the non-refundable license renewal fee;

3. the stated days and hours of operation;

4. a current State Fire Marshal report;

5. a current OPH inspection report;

6. proof of each insurance coverage as follows:

a. general liability insurance of at least $300,000 per occurrence;

b. workers compensation insurance of at least $100,000 as required by state law;

c.professional liability insurance of at least $100,000 per occurrence/$300,000 per annual aggregate, or proof of self-insurance of at least $100,000, along with proof of enrollment as a qualified health care provider with the Louisiana Patient's Compensation Fund (PCF):

i. if the ASC is not enrolled in the PCF, professional liability limits shall be $1,000,000 per occurrence/$3,000,000 per annual aggregate;

d. the LDH Health Standards Section shall specifically be identified as the certificate holder on the any policies and any certificates of insurance issued as proof of insurance by the insurer or producer (agent);

7. proof of a line of credit issued from a federally insured, licensed lending institution in the amount of at least $100,000;

8. statement of attestation of ASC compliance with the provisions of §4581; and

9. any other documentation required by the department or CMS if applicable.

B. The department may perform an on-site survey and inspection upon annual renewal of a license.

C. Failure to submit a completed license renewal application packet prior to the expiration of the current license will result in the voluntary non-renewal of the ASC license. There are no appeal rights for such surrender or non-renewal of the license, as this is a voluntary action on the part of the ASC.

D. If an existing licensed ASC has been issued a notice of license revocation, suspension or termination, and the ASCs license is due for annual renewal, the department shall deny the license renewal application and shall not issue a renewal license.

1. If a timely administrative appeal has been filed by the ASC regarding the license revocation, suspension, or termination, the administrative appeal shall be suspensive, and the ASC shall be allowed to continue to operate and provide services until such time as the administrative tribunal or department issues a decision on the license revocation, suspension, or termination.

2. If the secretary of the department determines that the violations of the ASC pose an imminent or immediate threat to the health, welfare, or safety of a patient, the imposition of such action may be immediate and may be enforced during the pendency of the administrative appeal. If the secretary of the department makes such a determination, the ASC will be notified in writing.

3. The denial of the license renewal application does not affect in any manner the license revocation, suspension, or termination.

E. The renewal of a license does not in any manner affect any sanction, civil monetary penalty or other action imposed by the department against the ASC.

La. Admin. Code tit. 48, § I-4515

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 431736 (9/1/2017), Amended LR 491930 (11/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 40:2131-2141.