La. Admin. Code tit. 48 § I-4583

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

Section I-4583 - Inactivation of License due to a Declared Disaster or Emergency

A. An ASC licensed in a parish which is the subject of 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 one year, provided that the following conditions are met:

1. the ASC 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:

a. the ASC 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;

b. the ASC intends to resume operation as an ASC in the same service area;

c. includes an attestation that the emergency or disaster is the sole casual factor in the interruption of the provision of services;

2. the ASC resumes operating in the same service area within one year 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;

3. the ASC 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, if applicable; and

4. the ASC continues to submit required documentation and information to the department.

B. Upon receiving a completed written request to inactivate an ASC license, the department shall issue a notice of inactivation of license to the ASC.

C. Upon completion of repairs, renovations, rebuilding or replacement, an ASC which has received a notice of inactivation of its license from the department shall be allowed to reinstate its license upon the following conditions being met.

1. The ASC shall submit a written license reinstatement request to HSS 60 days prior to the anticipated date of reopening.

a. The license reinstatement request shall inform the department of the anticipated date of opening, and shall request scheduling of a licensing survey.

b. The license reinstatement request shall include a completed licensing application with appropriate licensing fees.

c. The ASC shall submit the following:

i. a copy of the approval letter of the architectural facility plans from the Office of the State Fire Marshal (OSFM) and any other office/entity designated by the department to review and approve the facilitys architectural plans;

ii. a copy of the on-site inspection report with approval for occupancy by OSFM, if applicable; and

iii. a copy of the on-site health inspection report with approval of occupancy from OPH.

2. The ASC resumes operating in the same service area within one year.

D. Upon receiving a completed written request to reinstate an ASC license, the department shall conduct a licensing survey. If the ASC meets the requirements for licensure and the requirements under this Section, the department may issue a notice of reinstatement of the ASC license.

E. No change of ownership of the ASC shall occur until such ASC has completed repairs, renovations, rebuilding or replacement construction and has resumed operations as an ASC.

F. The provisions of this Section shall not apply to an ASC which has voluntarily surrendered its license and ceased operation.

G. Failure to comply with any of the provisions of this Section shall be deemed a voluntary surrender of the ASC license.

La. Admin. Code tit. 48, § I-4583

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 431754 (9/1/2017).

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