La. Admin. Code tit. 48 § I-12529

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

Section I-12529 - Opioid Treatment Program - Request for Applications

A. If the department has assessed a need for OTP services in a geographic service area(s) in accordance with §12527, the department will issue an RFA for the specified geographic service area via a statewide public announcement. The RFA will specify the dates that the department will accept applications.

1. The RFA shall specify the following:

a. geographic service area(s) in need of OTP provider(s);

b. number of OTP providers needed;

c. date that the OTP providers need to be available to the target population;

d. application submission requirements;

e. a due date for applications;

f. process of review by the FNR committee of any applications timely received, including any supplemental review process;

g. notice of selection;

h. information on appeals processes for applicants that are not granted FNR approval; and

i. other information or requirements for the RFP or its process, as determined by the department.

2. The RFA shall require the applicant to submit a letter of intent as part of its OTP FNR application. The letter of intent shall include the following:

a. the name, address, and telephone number of the FNR applicant;

b. the name of the FNR applicant representative, an individual authorized to respond to the department's questions regarding the application, and who also signs the letter of intent;

c. the proposed location of the OTP;

d. a brief statement of the OTP FNR applicant's financial viability and availability of funds;

e. a brief statement regarding licensure history as a BHSP, and a written work plan demonstrating a timeline to achieve accreditation and licensure as an OTP;

f. history of compliance with accreditation, licensure and/or certification bodies related to the provision of healthcare services;

g. range of services and program design;

h. community integration;

i. availability, accessibility and appropriateness of the location of the proposed OTP site (e.g., accessibility to public transportation and healthcare providers, location in relation to children's schools and playgrounds, local letters of support from political parties, itemized timeline of action items/dates leading to service start date); and

j. methods to achieve community integration through a community relations/targeted outreach plan.

3. Any OTP FNR application that fails to provide the required information will not be considered for FNR approval by the FNR committee.

4. Any proposed owner, director, or manager of an OTP applying for OTP FNR approval shall be free of any conviction, guilty plea, or plea of nolo contendere to a felony. If the OTP FNR applicant is an agency, the owners of that agency shall be free of such felony convictions, felony guilty pleas, or plea of nolo contendere to a felony.

5. The RFA shall specify that the FNR applicant designate a representative on the FNR application. This identified representative shall be the only person to whom the department or FNR committee will send notification regarding the decision of the OTP FNR application. If the FNR applicant representative or address changes at any time during the review process, the FNR applicant shall notify the LDH FNR program in writing.

B. All timely and complete OTP FNR applications, received by the department after the department has issued an RFA for new OTP FNR applicants, will be reviewed by the FNR committee to determine FNR approval. Only approved OTP FNR applicants may apply for an OTP license from the department.

C. The FNR committee will review the applications and independently evaluate and assign points to each of the following items, considering the quality and adequacy of the response to meet the need of the project:

1. applicant's financial viability and availability of funds to support the proposed OTP;

2. history of BHSP licensure and a written work plan demonstrating timeline to achieve accreditation and licensure as an OTP;

3. range of services/program design; and

4. community integration plan.

D. Subject to Subsection F below, the highest scoring OTP FNR applicant shall receive FNR approval.

E. In the case of a tie for the highest score, the FNR committee will conduct a comparative review of the top scoring proposals that will include prior compliance history. The FNR committee may request and review data from HSS on prior compliance history. Subject to Subsection F of this Section, the FNR committee will make a decision to approve one of the top scoring applications based on the comparative review of the proposals.

F. If no proposals are received that adequately respond to the need, the FNR committee may opt not to approve an application. In that case, a new RFA will be issued.

G. The OTP FNR applicants will receive written notifications of approvals and denials of FNR applications via certified mail or by electronic mail with a request for an acknowledgement and a read and delivery receipt, or as otherwise specified in the RFA.

H. The OTP FNR applications approved under these provisions are bound to the description in the application with regard to:

1. opioid treatment model;

2. services including but not limited to screening, assessment, counseling, and methadone dosing;

3. communication integration plan;

4. evidence of community supports/partnerships;

5. outreach plan;

6. location; and

7. identified opening date to begin services.

I. The OTP FNR approval shall expire if the aspects of the application listed in Subsection H of this Section are altered. However, the OTP FNR approved provider may submit a request to the FNR committee to request approval to change the proposed location within the approved geographic service area within 30 days of receipt of FNR approval.

J. No FNR committee member shall have a proprietary, financial, professional, or other personal interest of any nature or kind in any OTP.

La. Admin. Code tit. 48, § I-12529

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), LR 34:2619 (December 2008), amended by the Department of Health and Hospitals, Bureau of Health Services Financing,LR 36:1009 (May 2010), Amended LR 46953 (7/1/2020), Amended LR 471306 (9/1/2021), Amended LR 48303 (2/1/2022), 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.