La. Admin. Code tit. 48 § I-5601

Current through Register Vol. 50, No. 5, May 20, 2024

Section I-5601 - Introduction

A. Pursuant to R.S. 40:2151-2161, the Department of Health (LDH) hereby establishes licensing standards for behavioral health service (BHS) providers. The purpose of these Chapters is to provide for the development, establishment and enforcement of statewide licensing standards for the care of clients receiving services from BHS providers, to ensure the maintenance of these standards, and to regulate conditions of these providers through a program of licensure that shall promote safe and adequate treatment of clients of BHS providers.

B. In addition to the requirements stated herein, all licensed BHS providers shall comply with applicable local, state, and federal laws and regulations.

C. The following providers shall be licensed under the BHS provider license:

1. substance use/addiction treatment facilities;

2. mental health clinics; and

3. any other entity that meets the definition of a BHS provider

D. Licensed substance use/addiction treatment facilities and mental health clinics have one year from the date of promulgation of the final Rule to comply with all of the provisions herein.

NOTE: Existing licensed substance use/addiction treatment facilities and mental health clinics shall be required to apply for a BHS provider license at the time of renewal of their current license(s).

E. The following entities shall be exempt from the licensure requirements for BHS providers:

1. hospitals licensed under R. S. 40:2100 et seq.;

2. crisis receiving centers licensed under 40:2180.11 et seq.;

3. nursing homes licensed under R.S. 40:2009.3 et seq.;

4. psychiatric residential treatment facilities and therapeutic group homes licensed under R.S. 40:2009;

5. facilities or services operated by the federal government;

6. federally qualified health care centers (FQHCs) certified by the federal government;

7. community mental health centers (CMHCs) certified by the federal government, that provide CMHC services allowed by the federal government;

8. home and community-based service (HCBS) providers providing HCBS services under a license issued pursuant to R.S. 40:2120.1 et seq.;

9. an individual licensed mental health professional (LMHP), whether incorporated or unincorporated, or a group practice of LMHPs, providing services under the auspices of and pursuant to the scope of the individuals license or groups licenses;

10. an individual licensed physician, or a group of licensed physicians, providing services under the auspices of and pursuant to the scope of the individuals license or groups licenses;

11. an individual licensed physician assistant (PA), or a group practice of licensed PAs, providing services under the auspices of and pursuant to the scope of the individual's license or group's licenses;

12. school-based health clinics/centers that are certified by the LDH, Office of Public Health, and enrolled in the Medicaid Program;

13. those local public school governing authorities, if such exemption is applicable to only school-based BHS provided through the Medicaid Early and Periodic Screening, Diagnostic, and Treatment program;

14. a health care provider or entity solely providing case management or peer support services, or a combination thereof;

a. was an accredited mental health rehabilitation provider enrolled in the Medicaid Program as of February 28, 2012;

b. was enrolled with the statewide management organization for the Louisiana Behavioral Health Partnership (LBHP) as of March 1, 2012;

c. maintains continuous, uninterrupted accreditation through an LDH authorized accreditation organization;

d. maintained continuous, uninterrupted enrollment with the statewide management organization for the LBHP, and maintains continuous, uninterrupted enrollment with Medicaid managed care entities as of December 1, 2015;

NOTE. Repealed.

15. facilities or services operated for the sole purpose of providing substance use or mental health services to courts that are recognized and certified by the Louisiana Supreme Court as specialty courts;

16. an individual licensed advanced practice registered nurse (APRN), or a group practice of licensed APRNs, providing services under the auspices of and pursuant to the scope of the individual's license or group's licenses;

17. rural health clinics (RHCs) providing RHC services under a license issued pursuant to R.S. 40:2197; and

18. facilities or services operated by the Department of Public Safety and Corrections, Corrections Services.

La. Admin. Code tit. 48, § I-5601

Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 411682 (9/1/2015), Amended by the Department of Health, Bureau of Health Services Financing, LR 431379 (7/1/2017), Amended LR 481276 (5/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2151-2161.