La. Admin. Code tit. 48 § I-12535

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

Section I-12535 - Other Emergency Events (Non-Declared)

A. This section applies to emergency situations for which an executive order or proclamation of emergency or disaster, pursuant to R.S. 29:724 or R.S. 29:766, has not been issued.

B. The facility need review bed approvals for a licensed and Medicaid certified nursing facility or ICF/DD, or for a licensed ARCP that is rendered unable to provide services to the public because of an emergency situation or disaster, including, but not limited to, fire, flood, tornado or other condition for which the provider is not primarily responsible, shall remain in effect and shall not be terminated, revoked or considered to have expired for a period not to exceed two years for a nursing facility or ARCP, and one year for an ICF/DD, following the date of such emergency situation or disaster, provided that the following conditions are met:

1. the nursing facility, ICF/DD, or ARCP shall submit written notification to the Health Standards Section within 30 days of the date of the emergency situation or disaster that:

a. the nursing facility, ICF/DD, or ARCP has experienced an interruption in the provisions of services as a result of conditions that are described in §12535 B;

b. the nursing facility, ICF/DD, or ARCP intends to resume operation as a nursing facility, ICF/DD, or ARCP in the same service area;

i. if the ICF/DD was approved through an RFP, the ICF/DD must conform to the requirements of the RFP as defined by the department; and

c. includes an attestation that the emergency situation or disaster is the sole causal factor in the interruption of the provision of services;

2. the nursing facility, ARCP, or ICF/DD resumes operating as a nursing facility or ICF/DD in the same service area, within two years for a nursing facility or ARCP, and within one year for an ICF/DD, of the disaster or catastrophic condition; and

3. the nursing facility, ARCP, or ICF/DD continues to submit the required documentation and information to the department.

E. The provisions of this Section shall not apply to:

1. a nursing facility, adult residential care facility, or ICF/DD which has voluntarily surrendered its facility need review bed approval; or

2. a nursing facility, ARCP, or ICF/DD which fails to resume operations as a nursing facility or ICF/DD in the same service area, within two years for a nursing facility or ARCP, and within one year for an ICF/DD, of the emergency condition or disaster.

F. Failure to comply with any of the provisions of this Section shall be deemed a voluntary surrender of the facility need review bed approvals.

La. Admin. Code tit. 48, § I-12535

Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 39:1470 (June 2013).

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