La. Admin. Code tit. 48 § I-12527

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

Section I-12527 - Opioid Treatment Program Needs Assessment

A. The department shall conduct an OTP needs assessment to determine if there is a need for new or additional OTPs in a geographic service area. The OTP needs assessment includes criteria and processes that the department utilizes to determine the need for new or additional OTPs in an identified geographic service area. For purposes of this Section, geographic service area follows the criteria established in §12503.H The OTP needs assessment may include all or some of the following review criteria:

1. estimated prevalence of opioid use disorder in the population of the geographic service area to be served;

2. estimated number of persons in need of medication for opioid use disorder (MOUD) in the geographic service area;

3. estimated demand for MOUD treatment in the geographic service area to be served;

4. existing access, utilization, and availability of MOUD treatment in the geographic service area to be served; and

5. data sources that include information compiled and recognized by the department and/or any of the following: Substance Abuse and Mental Health Services Administration (SAMHSA), the United States Census Bureau, the Drug Enforcement Administration (DEA), the National Institute on Drug Abuse (NIDA), and any other state or federally recognized data surveillance system.

B. The department may conduct additional OTP needs assessments only when special needs and circumstances arise that indicate the need for additional MOUD treatment services, such as increased utilization rates, reduced availability, and/or reduced accessibility of services.

C. Exemptions from OTP needs assessment and OTP FNR application review shall be made for OTP clinics that meet the following criteria:

1. an existing, licensed OTP clinic that is destroyed by fire or a natural disaster, such as hurricane, and that obtains a license for a replacement location within eight months of closure from the fire or natural disaster; or

2. an existing, licensed OTP clinic that is replaced due to potential health hazard in the clinic, and that obtains a license for a replacement location within 150 days of closing due to the potential health hazard.

NOTE: As it relates to the circumstances of C.1 and 2 of this Section, one extension of no more than three months may be granted by the department, at its discretion, upon receipt of documentation from the OTP provider demonstrating good cause, provided the extension is requested no later than one month from the original deadline.

La. Admin. Code tit. 48, § I-12527

Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 21:806 (August 1995), amended LR 25:1250 (July 1999), LR 28:2190 (October 2002), LR 30:1023 (May 2004), LR 32:845 (May 2006), amended by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 34:2619 (December 2008), amended LR 35:2439 (November 2009), Promulgated by the Department of Health, Health Standards Section, LR 50233 (2/1/2024).

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