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HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services financing, LR 35:

Chapter 257.Reimbursement

§25701.Reimbursement Methodology

A.Reimbursement for MST services shall be a prospective flat rate for each approved unit of service provided to the recipient. One quarter hour (15 minutes) is the standard unit of service, which covers both service provision and administrative costs.

AUTHORITY NOTE:Promulgated in accordance with R.S. 36:254 and Title XIX of the Social Security Act.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services financing, LR 35:

Interested persons may submit written comments to Jerry Phillips, Bureau of Health Services Financing, P.O. Box 91030, Baton Rouge, LA 70821-9030. He is responsible for responding to inquiries regarding this Emergency Rule. A copy of this Emergency Rule is available for review by interested parties at parish Medicaid offices.

Alan Levine

Secretary

0810#090

DECLARATION OF EMERGENCY

Department of Health and Hospitals

Office of the Secretary Bureau of Health Services Financing

Nursing Facilities Minimum Licensing Standards Emergency Preparedness Inactivation of License Due to Emergency or Disaster (LAC 48:I.9729)

The Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing proposes to amend LAC 48:I.9729 in the Medical Assistance Program as authorized by R.S. 36:254 and 40:2009.1-2116.4. This Emergency Rule is promulgated in accordance with the provisions of the Administrative Procedure Act, R.S. 49:953(B)(1) et seq., and shall be in effect for the maximum period allowed under the Act or until adoption of the final Rule, whichever occurs first.

The Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing promulgated a Rule to adopt minimum licensing standards for nursing facilities (Louisiana Register, Volume 24, Number 1). Act 540 of the 2006 Regular Session of the Louisiana Legislature directed the Department, in consultation with the Governor’s Office of Homeland Security, to adopt provisions governing emergency preparedness requirements for nursing facilities. In compliance with the directives of Act 540, the department amended the January 20, 1998 Rule to revise the provisions governing emergency preparedness requirements for nursing facilities (Louisiana Register, Volume 32, Number 12). The department subsequently amended the December 20, 2006 Rule, to further revise and clarify the provisions governing emergency preparedness

requirements for nursing facilities (Louisiana Register, Volume 34, Number 9). The department now proposes to amend the September 20, 2008 Rule to establish provisions allowing a licensed nursing facility to inactivate its license for a period of time due to a declared disaster or other emergency situation.

This action is being taken to promote the health and well-being of Louisiana citizens by assuring the availability of nursing facility services in areas that have been affected by a declared disaster or other emergency situation through the protection of the facility’s license. It is estimated that implementation of this Emergency Rule will have no programmatic costs for state fiscal year 2008-2009.

Effective October 11, 2008, the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing amends the provisions governing emergency preparedness for all nursing facilities licensed in Louisiana.

Title 48

PUBLIC HEALTH—GENERAL

Part I.  General Administration

Subpart 3.  Licensing

Chapter 97.Nursing Homes

Subchapter B.Organization and General Services

§9729.Emergency Preparedness

A. - J.2

K.Inactivation of license due to declared disaster or emergency

1.A licensed nursing facility in an area or areas which have been affected by an executive order or proclamation of emergency or disaster issued in accordance with R.S. 29:724 or R.S. 29:766 may seek to inactivate its license for a period not to exceed two years, provided that the following conditions are met:
a.the licensed nursing facility shall submit written notification to the Health Standards Section within 60 days of the date of the executive order or proclamation of emergency or disaster that:
i.the nursing facility has experienced an interruption in the provisions of services as a result of events that are the subject of such executive order or proclamation of emergency or disaster issued in accordance with R.S. 29:724 or R.S. 29:766;
ii.the licensed nursing facility intends to resume operation as a nursing facility in the same service area; and
iii.includes an attestation that the emergency or disaster is the sole causal factor in the interruption of the provision of services;

NOTE:Pursuant to this Emergency Rule, an extension of the 60 day deadline may be granted at the discretion of the department.

b.the licensed nursing facility resumes operating as a nursing facility in the same service area within two years of the issuance of an executive order or proclamation of emergency or disaster in accordance with R.S. 29:724 or R.S. 29:766;
c.the licensed nursing facility continues to pay all fees and costs due and owed to the department including, but not limited to, annual licensing fees and outstanding civil monetary penalties; and

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

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