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Registered Nurse (RN)—an individual currently licensed by the Louisiana State Board of Nursing to practice professional nursing in Louisiana.

Personal Representative—an adult relative, friend or guardian of a participant who has an interest or responsibility in the participant's welfare. This individual may be designated by the participant to act on his/her behalf and should be notified in case of emergency and/or any change in the condition or care of the participant.

Revocation—action taken by the department to terminate an ADHC center's license.

Social Service Designee/Social Worker—an individual responsible for arranging any medical and/or social services needed by the participant.

Voluntary Discharge/Transfer—a discharge or transfer of the participant from the ADHC center that is initiated by the participant or a legal or personal representative.

Volunteer—a person who provides services at an adult day health care center without compensation.

AUTHORITY NOTE:Promulgated in accordance with R.S. 36:254 and 40:2120.41-46.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 34:2177 (October 2008).

§4205.Licensure Requirements

A.All ADHC centers shall be licensed by the Department of Health and Hospitals (DHH). DHH is the only licensing authority for ADHC centers in the State of Louisiana. It shall be unlawful to operate an ADHC center without possessing a current, valid license issued by DHH. The license shall:

1.be issued only to the person/entity named in the license application;
2.be valid only for the ADHC center to which it is issued and only for the specific geographic address of the center;
3.be valid for one year from the date of issuance, unless revoked prior to that date;
4.expire on the last day of the twelfth month after the date of issuance, unless otherwise renewed;
5.not be subject to sale, assignment, or other transfer, voluntary or involuntary; and
6.be posted in a conspicuous place on the licensed premises at all times.

B.In order for an ADHC center to be considered operational and retain licensed status, the center shall meet the following conditions.

1.The center shall always have at least one employee on duty at the business location during daily hours of operation. Once a participant is admitted, all staff that are required to provide services on a full time basis shall be on duty during operational hours.
2.There shall be staff employed and available to be assigned to provide care and services to persons receiving services at all times.
3.The center must have admitted or has provided services to at least two participants in the past 12 months prior to their licensure resurvey.

C.The licensed provider is required to abide by and adhere to any state laws, rules, policy and procedure manuals or memorandums pertaining to ADHC centers issued by DHH.

AUTHORITY NOTE:Promulgated in accordance with R.S. 36:254 and 40:2120.41-46.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 34:2178 (October 2008).

§4207.Initial License Application Process

A.An initial application for licensing as an ADHC center shall be obtained from the department. A completed initial license application packet for an ADHC center shall be submitted to and approved by DHH prior to an applicant providing ADHC services. An applicant shall submit a completed initial licensing packet to DHH, which shall include:

1.a completed ADHC licensure application and the non-refundable licensing fee as established by statute;
2.a copy of the approval letter of the architectural center plans from the Department of Health and Hospitals, Department of Engineering and Architectural Services and the Office of the State Fire Marshal;
3.a copy of the on-site inspection report with approval for occupancy by the Office of the State Fire Marshal;
4.a copy of the health inspection report with approval of occupancy report of the center from the Office of Public Health;
5.a copy of criminal background checks on all owners;
6.proof of financial viability including;
a.line of credit issued from a federally insured, licensed lending institution in the amount of at least $50,000;
b.general and professional liability insurance of at least $300,000; and
c.worker's compensation insurance;
7.if applicable, clinical laboratory improvement amendments (CLIA) certificate or CLIA certificate of waiver;
8.a completed disclosure of ownership and control information form;
9.a floor sketch or drawing of the premises to be licensed;
10.the days and hours of operation; and
11.any other documentation or information required by the department for licensure.

B.If the initial licensing packet is incomplete, the applicant will be notified of the missing information and will have 90 days to submit the additional requested information. If the additional requested is not submitted to the department within 90 days, the application will be closed. After an initial licensing application is closed, an applicant who is still interested in becoming an ADHC provider shall submit a new initial licensing packet with a new initial licensing fee to start the initial licensing process.

C.Once the initial licensing application packet is approved by DHH, the applicant shall attend a mandatory preparatory training class conducted quarterly by the department's Health Standards Section (HSS) before the initial licensure survey will be conducted. Once the provider has successfully completed the class, the provider will be sent written notification with instructions for requesting the announced initial licensing survey.

D.An applicant who has received the notification with instructions for requesting the announced initial licensing survey shall notify DHH of readiness for an initial licensing

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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