La. Admin. Code tit. 48 § I-4513

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-4513 - Changes in Licensee Information or Personnel

A. An ASC license shall be valid only for the person or entity named in the license application and only for the specific geographic address listed on the license application.

B. Any permanent change regarding the entity ASCs name, "doing business as" name, mailing address, telephone number, stated days and hours of operation, or any combination thereof, shall be reported in writing to the department within five business days of the change.

1. For any temporary closures of the ASC greater than 24 hours, other than weekends or holidays, the ASC shall notify HSS in advance.

2. At any time that the ASC has an interruption in services or a change in the licensed location due to an emergency situation, the ASC shall notify HSS no later than the next stated business day.

C. Any change regarding the ASCs key administrative personnel shall be reported in writing to the department within 10 days of the change.

1. Key administrative personnel include the:

a. administrator; and

b. director of nursing.

2. The ASCs notice to the department shall include the individuals:

a. name;

b. address;

c. hire date; and

d. qualifications.

D. A change of ownership (CHOW) of the ASC shall be reported in writing to the department within five days of the change. A CHOW may include one of the following.

1. Partnership. In the case of a partnership, the removal, addition, or the substitution of a partner, unless the partners expressly agree otherwise, as permitted by applicable state law, constitutes a change of ownership.

2. Unincorporated Sole Proprietorship. Transfer of title and property to another party constitutes a change of ownership.

3. Corporation. The merger of the ASC corporation into another corporation, or the consolidation of two or more corporations, resulting in the creation of a new corporation constitutes a change of ownership. Transfer of corporate stock or the merger of another corporation into the provider corporation does not constitute a change of ownership.

E. The license of an ASC is not transferable or assignable and cannot be sold. The new owner shall submit the legal CHOW document, all documents required for a new license and the applicable licensing fee. Once all application requirements are completed and approved by the department, a new license shall be issued to the new owner.

1. An ASC that is under license revocation, provisional licensure and/or denial of license renewal may not undergo a CHOW.

2. If the CHOW results in a change of geographic address, an on-site survey shall be required prior to issuance of the new license.

F. If the ASC changes its name without a change in ownership, the ASC shall report such change to the department in writing five days prior to the change. The change in the ASCs name requires a change in the license and payment of the required fee for a name change and re-issuance of a license.

G. Any request for a duplicate license shall be accompanied by the applicable required fee.

H. If the ASC changes the physical address of its geographic location without a change in ownership, the ASC shall report such change to the department in writing at least six weeks prior to the change. Because the license of an ASC is valid only for the geographic location of that ASC, and is not transferrable or assignable, the ASC shall submit a new licensing application and all of the required fees, licensing inspection reports, and licensing plan reviews for the new location.

1. An on-site survey shall be required prior to the issuance of the new license.

2. The change in the ASCs physical address results in a new anniversary date and the full licensing fee shall be paid.

I. An ASC that enters into a use agreement shall submit written notification to the department within five days of the effective date of the agreement. This notice shall include:

1. a copy of the signed use agreement;

2. the designated days and hours of operation that each entity/individual will be using the licensed ASC; and

3. the type of surgical procedures, by specialty, that each entity/individual will be performing at the licensed ASC.

La. Admin. Code tit. 48, § I-4513

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 431736 (9/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2131-2141.