La. Admin. Code tit. 48 § I-12515

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

Section I-12515 - Pediatric Day Health Care Providers

A. No PDHC provider shall be licensed to operate unless the FNR program has granted an approval for the issuance of a PDHC provider license. Once the FNR program approval is granted, a PDHC provider is eligible to be licensed by the department, subject to meeting all of the requirements for licensure.

B. For purposes of FNR, the geographic service area for a proposed PDHC facility shall be within a 30 mile radius of the proposed physical location where the provider will be licensed.

C. Determination of Need/Approval

1. The FNR committee will review the application to determine if there is a need for an additional PDHC provider in the geographic service area for which the application is submitted.

2. The FNR committee shall approve the FNR application only if the data contained in the application, and other evidence effectively establishes the probability of serious, adverse consequences to recipients' ability to access healthcare if the provider is not allowed to be licensed.

3. In reviewing the application, the FNR committee may consider, but is not limited to, evidence showing:

a. the number of other PDHC providers in the same geographic service area servicing the same population; and

b. allegations involving issues of access to healthcare and services.

4. The burden is on the applicant to provide data and evidence to effectively establish the probability of serious, adverse consequences to recipients' ability to access healthcare if the provider is not allowed to be licensed. The FNR committee shall not approve an FNR application if the application fails to provide such data and evidence.

D. Applications for approvals of licensed providers submitted under these provisions are bound to the description in the application with regard to the type of services proposed as well as to the physical location and/or geographic service area as defined in the application. Facility need review approval of licensed providers shall expire if these aspects of the application are altered or changed.

E. FNR approvals are non-transferable and are limited to the physical location and the name of the original licensee.

1. A PDHC provider undergoing a change of physical location in the same licensed geographic service area shall submit a written attestation of the change of physical location, including the license number, state identification (ID), current address and new address, and the department shall re-issue the FNR approval with the name and new physical location. A PDHC provider undergoing a change of physical location outside of the licensed geographic service area shall submit a new FNR application and appropriate fee and undergo the FNR approval process.

2. A PDHC provider undergoing a change of ownership shall submit a new application to the department's FNR program, requesting a transfer of the FNR approval to the new owner. Facility need review approval for the new owner shall be granted upon submission of the new application and proof of the change of ownership, provided that the legal change of ownership documents require the seller's or transferor's written relinquishment of the FNR approval.

3. FNR approval of a licensed provider shall automatically expire if the provider is moved or transferred to another party, entity, or location without application to and approval by the FNR program.

F. The following timeframes shall apply for complying with the requirements for obtaining approval of architectural plans and licensure.

1. Pediatric Day Health Care facilities that are to be licensed in existing buildings shall have final architectural plans approved no later than six months from the date of the FNR approval. Such facilities shall be licensed within one year from the date of the FNR approval.

2. PDHC facilities that are to be licensed in newly constructed buildings shall have final architectural plans approved no later than six months from the date of the FNR approval. Such facilities shall be licensed within 24 months from the date of the FNR approval.

3. A one-time 90-day extension may be granted, at the discretion of the department, when delays are caused by circumstances beyond the control of the applicant.

4. Failure to meet any of the timeframes in this Section could result in an automatic expiration of the FNR approval of the PDHC facility.

La. Admin. Code tit. 48, § I-12515

Repromulgated by the Department of Health and Hospitals, Office of the Secretary, LR 21:808 (August 1995), amended LR 28:2190 (October 2002), LR 30:1483 (July 2004), LR 34:2617 (December 2008), Promulgated by the Department of Health, Health Standards Section, LR 50228 (2/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2116 et seq.