La. Admin. Code tit. 48 § I-7711

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

Section I-7711 - Types of Licenses and Expiration Dates

A. The department shall have the authority to issue the following types of licenses:

1. Full Initial License. The department shall issue a full license to the NSA when the initial licensing survey finds that the NSA is compliant with all licensing laws and regulations, and is compliant with all other required statutes, laws, ordinances, rules, regulations, and all non-refundable fees have been paid. The license shall be valid until the expiration date shown on the license, unless the license is revoked.

2. Provisional Initial License. The department may issue a provisional initial license to the NSA when the initial licensing survey finds that the NSA is deficient or noncompliant with any licensing laws or regulations or any other required statutes, laws, ordinances, rules, regulations or non-refundable fees, but the department determines that the deficiencies or noncompliance(s) do not present a threat to the health, safety, or welfare of an individual or individuals receiving services.

3. Full Renewal License. The department may issue a full renewal license to an existing licensed NSA who is in substantial compliance with all applicable federal, state, departmental, and local statutes, laws, ordinances, rules, regulations, and non-refundable fees. The license shall be valid until the expiration date shown on the license, unless the license is revoked.

4. Provisional Renewal License. The department, in its sole discretion, may issue a provisional license to an existing licensed NSA for a period not to exceed six months.

a. The department will consider the following circumstances in making a determination to issue a provisional license:

i. compliance history of the NSA to include areas of deficiencies or noncompliance(s) cited;

ii. the nature and severity of any substantiated complaints;

iii. the existing NSA has more than six validated complaints in one biennial licensed period;

iv. the existing NSA has been issued a deficiency or noncompliance that involved placing an individual or individuals receiving services at risk for serious harm or death;

v. the existing NSA has failed to correct deficiencies or noncompliant practice(s) within 60 days of being cited for such deficiencies or noncompliant practice(s) or at the time of a follow-up survey; or

vi. the existing NSA is not in substantial compliance with all applicable federal, state, departmental and local statutes, laws, ordinances, rules, regulations, and non-refundable fees at the time of renewal of the license.

b. When the department issues a provisional license to an existing licensed NSA, the NSA shall submit a plan of correction to LDH for approval, and the NSA shall be required to correct all such deficiencies or noncompliant practice(s) prior to the expiration of the provisional license. The department shall conduct a follow-up survey of the NSA prior to the expiration of the provisional license.

i. If the follow-up survey determines that the NSA has corrected the deficiencies or noncompliant practice(s) and has maintained compliance during the period of the provisional license, the department may issue a full license until the anniversary date of the NSA license.

ii. If the follow-up survey determines that all deficiencies or noncompliance(s) have not been corrected, or if new deficiencies or noncompliance(s) that are a threat to the health, safety, or welfare of an individual or individuals receiving services are cited on the follow-up survey, the provisional license shall expire. The NSA shall be required to begin the initial licensing process again by submitting a new initial license application packet and appropriate non-refundable fee.

iii. The department shall issue written notice to the NSA of the results of the follow-up survey.

B. If an existing licensed NSA has been issued a notice of license revocation and the NSA's license is due for biennial 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 NSA regarding the license revocation, suspension, or termination, the administrative appeal shall be suspensive, and the NSA shall be allowed to continue to operate and provide services until such time as the DAL 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 NSA pose an imminent or immediate threat to the health, welfare, or safety of an individual or individuals receiving services, 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 NSA 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.

C. The renewal of a license does not affect, in any manner, any sanction, civil fine, or other action imposed by the department against the NSA.

La. Admin. Code tit. 48, § I-7711

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 491732 (10/1/2023).

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