Current with operative changes from the 2024 Third Special Legislative Session
Section 40:2120.67 - Rules and regulations; licensing standardsA. The department shall promulgate and publish rules, regulations, and licensing standards, in accordance with the Administrative Procedure Act, to provide for the licensure of PACE providers, to provide for the health, safety, welfare, well-being, and comfort of persons receiving services from PACE providers, and to provide for the safe operation and maintenance of PACE providers.B. The department shall promulgate and publish rules, regulations, and licensing standards, which shall include but are not limited to the following:(1) Licensure application, renewal, and conversion, including forms, procedures, and requirements.(2) Operational requirements.(3) Provision of services.(4) Practice standards to ensure quality of care.(5) Practice standards to ensure the health, safety, welfare, well-being, and comfort of persons receiving care and services.(6) Confidentiality of clients' records.(7) Criteria and protocols to ensure uniform and quality assessment, diagnosis, evaluation, and referral to appropriate level of care.(8) Administration, personnel, and staffing requirements.(9) Maintenance of written policies and procedures.(10) Survey and complaint investigations, including investigations into allegations that a provider is operating without a license.(11) License types, including provisional licenses.(12) Denial, revocation, suspension, and nonrenewal of licenses, and any appeals.(13) Planning, construction, and design of the provider to ensure the health, safety, welfare, well-being, and comfort of persons receiving care and services.(14) Requirements for approval of PACE enrollees.(15) Other regulations or standards to ensure proper care and treatment of persons receiving care and services at or from a PACE provider as may be considered necessary by the department for an effective administration of this Part.C. No PACE organization or provider will be required to obtain a license in accordance with this Part until the initial rules, regulations, and licensing standards are promulgated by the department pursuant to the Administrative Procedures Act. Each entity that meets the definition of a PACE provider shall submit an initial licensing application and licensing fee to the department within ninety days of the promulgation of the initial rules, regulations, and licensing standards. If the entity is not licensed within one hundred eighty days after submission of its initial licensing application and fee, the entity shall cease and desist operations until such time as it is licensed as a PACE provider by the department. Added by Acts 2024, No. 444,s. 1, eff. 6/3/2024.