La. Admin. Code tit. 48 § I-12533

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

Section I-12533 - Hospice Providers

A. Except as otherwise provided in this Chapter, no hospice provider shall be licensed to operate unless the FNR program has granted an approval for the issuance of a hospice provider license. Once the FNR approval is granted, a hospice provider is eligible to be licensed by the department, subject to meeting all of the requirements for licensure.

B. The geographic service area for proposed or existing hospice providers is any parish within a 50 mile radius of the proposed physical location where the provider is or will be licensed.

C. Determination of Need/Approval.

1. The FNR committee will review the FNR application to determine if there is a need for an additional hospice provider within a 50 mile radius of the proposed physical location that 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 the recipients' ability to access hospice care if the hospice 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 hospice providers within a 50 mile radius of the proposed physical location servicing the same population; and

b. allegations involving issues of access to hospice provider care and services.

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

D. Applications for approvals of licensed hospice 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 as defined in the application. Facility need review approval of licensed hospice providers shall expire if these aspects of the application are altered or changed.

E. Except as otherwise provided below, FNR approvals for licensed hospice providers are non-transferrable and are limited to the physical location and the name of the original licensee.

1. A hospice provider undergoing a change of physical location within a 50 mile radius of the licensed physical location shall submit a written attestation of the change of physical location, including the license number, state ID, current address and new address, and the department shall re-issue the FNR approval with the name and new physical location. A hospice provider undergoing a change of physical location outside of the 50 mile radius of the licensed physical location shall submit a new FNR application and fee, and undergo the FNR approval process.

2. A hospice provider undergoing a change of ownership shall submit a new FNR 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. Facility need review approval of a licensed provider shall automatically expire if the hospice provider is moved or transferred to another party, entity or physical location without an application being made to, and approval from the FNR program.

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

1. Hospice outpatient providers shall be licensed within six months from the date of the FNR approval.

2. Hospice inpatient 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.

3. Hospice inpatient 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.

4. 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. Inappropriate zoning is not a basis for an extension.

5. Failure to meet any of the timeframes in this Section shall result in an automatic expiration of the FNR approval of the hospice agency or facility.

La. Admin. Code tit. 48, § I-12533

Promulgated by the Department of Health and Hospitals, Office of the Secretary, LR 21:812 (August 1995), amended by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 34:2621 (December 2008), amended LR 35:2439 (November 2009), LR 39:1469 (June 2013), Amended by the Department of Health, Bureau of Health Services Financing, LR 49, Amended by the Department of Health, Bureau of Health Services Financing, LR 491725 (10/1/2023), Promulgated by the Department of Health, Health Standards Section, LR 50235 (2/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 40:2116 et seq.