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for a period not to exceed six months, for the following reasons:
a.the existing ADHC provider has more than five deficient practices or deficiencies cited during any one survey;
b.the existing ADHC provider has more than three validated complaints in one licensed year period;
c.the existing ADHC provider has been issued a deficiency that involved placing a participant at risk for serious harm or death;
d.the exiting ADHC provider has failed to correct deficient practices within 60 days of being cited for such deficient practices or at the time of a follow-up survey;
e.the existing ADHC provider is not in substantial compliance with all applicable federal, state, departmental, and local statutes, laws, ordinances, rules, regulations, and fees at the time of renewal of the license.
5.When the department issues a provisional license to an existing licensed ADHC provider, the department shall conduct an on-site follow-up survey at the ADHC center prior to the expiration of the provisional license. If that on-site follow-up survey determines that the ADHC provider has corrected the deficient practices and has maintained compliance during the period of the provisional license, the department may issue a full license for the remainder of the year until the anniversary date of the ADHC license.
6.If an existing licensed ADHC provider has been issued a notice of license revocation, suspension, modification, or termination, and the provider's license is due for annual renewal, the department shall issue a renewal license subject to the pending license revocation, suspension, modification, or termination, if a timely administrative appeal has been filed. The renewal of such a license does not affect in any manner the license revocation, suspension, modification or termination. The renewal of such a license does not render any such license revocation, suspension, modification, or termination moot. This type of license is valid for the pendency of the administrative appeal, provided that the renewal fees are timely paid.

B.The renewal of a license does not in any manner affect any sanction, civil monetary penalty, or other action imposed by the department against the provider.

C.The license for an ADHC provider shall be valid for one year from the date of issuance unless revoked, suspended, modified, or terminated prior to that time.

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 34:2179 (October 2008).

§4213.Renewal of License

A.License Renewal Application. The ADHC provider shall submit a completed license renewal application packet to the department at least 30 days prior to the expiration of the existing current license. The license renewal application packet shall include:

1.the license renewal application;
2.the days and hours of operation;
3.a current fire inspection report;
4.a current health inspection report;
5.the license renewal fee; and
6.any other documentation required by the department.

B.The department may perform an on-site survey and inspection upon annual renewal of a license.

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 34:2180 (October 2008).

§4215.Reporting Requirements

A.The following changes, or any combination thereof, shall be reported in writing to the department within five working days of the occurrence of the change. A change in:

1.the name of the ADHC center;
2.the geographical or mailing address;
3.contact information, i.e., telephone number, fax number, email address; or
4.key administrative staff (i.e., director, program manager, social service designee, staff nurse, etc).

B.Change of Ownership (CHOW). The license of an ADHC center is not transferable to any other ADHC or individual. A license cannot be sold. When a change of ownership occurs, the ADHC provider shall notify the Health Standards Section in writing within 15 days prior to the effective date of the CHOW.

1.A signed copy of the legal document showing the transfer of ownership shall be provided to HSS.
2.Other required documents are to be submitted to HSS within five working days of the effective date of the CHOW.
3.The new owner must submit a license application indentifying all new information and it must be submitted with the appropriate CHOW licensing fee.
4.An ADHC center that is under license revocation may not undergo a CHOW.

C.Any change which requires a change in the license shall be accompanied by a fee. Any request for a duplicate license shall be accompanied by a fee.

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 34:2180 (October 2008).

§4217.Denial of License, Revocation of License, Denial of License Renewal

A.The department may deny an application for a license, may deny a license renewal, or may revoke a license in accordance with the provisions of the Administrative Procedures Act.

B.Denial of an Initial License

1.The department shall deny an initial license in the event that the initial licensing survey finds that the ADHC center is noncompliant with any licensing laws or regulations that are a threat to the health, safety, or welfare of the participants.
2.The department shall deny an initial license in the event that the initial licensing survey finds that the ADHC center is noncompliant with any other required statutes, laws, ordinances, rules, or regulations that are a threat to the health, safety, or welfare of the participants.
3.The department shall deny any initial license for any of the reasons designated in this §4217.D. that a license may be revoked or non-renewed.

C.Voluntary Non-Renewal of License. If a provider fails to timely renew its license, the license expires on its

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

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