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§115.Qualified Health Care Provider Services—Emergency Rule 3

A.1.Emergency Rule 3 shall only apply to QHCPs:

a.who reside in, whose operation(s) and/or practice(s) are located in, or whose primary place of employment was in, or whose permanent employer had assigned said person to a business located in, one or more of the following 47 parishes or in one or more of any parish(es) identified by Louisiana Insurance Commissioner James J. Donelon in an amendment to Emergency Rule 27 or any subsequent emergency rule regarding insurance matters affecting certain insureds in Louisiana caused by Hurricane Gustav, as of August 30, 2008: Acadia, Allen, Ascension, Assumption, Avoyelles, Beauregard, Calcasieu, Cameron, Catahoula, East Baton Rouge, East Feliciana, Evangeline, Franklin, Grant, Iberia, Iberville, Jefferson, Jefferson Davis, Lafayette, Lafourche, LaSalle, Livingston, Orleans, Plaquemines, Pointe Coupee, Rapides, Sabine, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Landry, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, Vermilion, Vernon, Washington, West Baton Rouge and West Feliciana; and
b.who certify to the Oversight Board that said QHCP was impacted by Hurricane Gustav in a manner, including, but not limited to, evacuation, displacement, temporary relocation, or loss of power; and
c.whose renewal date or 30 day grace period for payment of the PCF annual renewal surcharge occurs on or after August 30, 2008 but prior to the expiration of this Emergency Rule.
2.For purposes of this Emergency Rule, QHCPs who meet all of the above criteria shall be referred to herein as "Affected QHCPs." The provisions of this Emergency Rule 3 shall not apply to any health care provider not previously enrolled in the PCF prior to August 30, 2008.
3.The Oversight Board's Rules, previously promulgated in the Louisiana Register, and the applicable provisions of the PCF's Rate Manual, to the extent that said regulatory provisions impose upon QHCPs a time limit to pay the applicable annual PCF renewal surcharges, shall be suspended for affected QHCPs during the effective periods set forth in this Emergency Rule. Except as provided for in Paragraph A.5 of this §115, the cancellation of PCF qualification for affected QHCPs for failure to timely pay an annual PCF renewal surcharge is hereby suspended until October 1, 2008.
a.PCF surcharges for all affected QHCPs (including self-insured QHCPs and those who are insured by an insurance company or by a trust fund), whose renewal date or 30 day grace period for payment of the annual PCF renewal surcharge occurs on or after August 30, 2008 but prior to October 1, 2008 (suspension period), shall be due and owing on October 1, 2008. Affected QHCPs shall also furnish the required proof of financial responsibility concurrently with the payment of the appropriate surcharge. PCF surcharges for all other QHCPs shall be due, owing and payable consistent with the Oversight Board's previously promulgated rules.
4.In the event an insurer, agent or trust fund collects a renewal surcharge during the suspension period from an affected QHCP, then the renewal surcharge shall be remitted to the PCF consistent with the MMA and the oversight
board's applicable rules.
5.A cancellation of PCF qualification shall not occur prior to October 1, 2008 unless upon the documented written request or written concurrence of the affected QHCP.
6.Unless otherwise cancelled pursuant to the provisions of Paragraph 5 herein, nothing in this Emergency Rule 3 shall be construed to exempt or excuse an affected QCHP from the obligation to pay the applicable PCF surcharge for renewal or for an extended reporting endorsement otherwise due for actual PCF qualification provided during the suspension period.
7.Emergency Rule 3 shall not relieve an affected QHCP from compliance with the MMA and the applicable Oversight Board's rules upon receiving notice of the filing of a medical review panel request (claim) against the affected QHCP.
8.The provisions of Emergency Rule 3 shall be liberally construed to effectuate the intent and purposes expressed herein and to afford maximum protection for the affected QHCPs and the citizens of Louisiana.
9.Emergency Rule 3 became effective on August 30, 2008 and shall continue in full force and effect until October 1, 2008.

AUTHORITY NOTE:Promulgated in accordance with R.S. 40:1299.44.D(3) and to be consistent with Emergency Rule 24 of the Department of Insurance.

HISTORICAL NOTE:Promulgated by the Division of Administration, Patient's Compensation Fund Oversight Board, LR 34:

§117.Termination; Survival

A.Emergency Rule 3 shall terminate at 12 a.m. (midnight) on October 1, 2008. However, Paragraphs A.6 through A.8 of §115 shall survive the termination of Emergency Rule 3.

AUTHORITY NOTE:Promulgated in accordance with R.S. 40:1299.44D.(3) and to be consistent with Emergency Rule 24 of the Department of Insurance.

HISTORICAL NOTE:Promulgated by the Division of Administration, Patient's Compensation Fund Oversight Board, LR 34:

§119.Severability Clause

A.If any section or provision of Emergency Rule 3, as originally adopted and/or amended, is held invalid, such invalidity or determination shall not affect other Sections or provisions, or the application of Emergency Rule 3, as originally adopted and/or amended, to the affected QHCPs or circumstances that can be given effect without the invalid Sections or provisions and the application to affected QHCPs or circumstances shall be severable.

AUTHORITY NOTE:Promulgated in accordance with R.S. 40:1299.44D.(3) and to be consistent with Emergency Rule 24 of the Department of Insurance.

HISTORICAL NOTE:Promulgated by the Division of Administration, Patient's Compensation Fund Oversight Board, LR 34:

Lorraine LeBlanc

Executive Director

0810#035

DECLARATION OF EMERGENCY

Department of Health and Hospitals

Board of Veterinary Medicine

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

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