La. Admin. Code tit. 48 § I-4585

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

Section I-4585 - Inactivation of License due to a Non-Declared Emergency or Disaster

A. An ASC in an area or areas which have been affected by a non-declared emergency or disaster may seek to inactivate its license, provided that the following conditions are met:

1. the ASC shall submit written notification to the Health Standards Section within 30 days of the date of the non-declared emergency or disaster stating that:

a. the ASC has experienced an interruption in the provisions of services as a result of events that are due to a non-declared emergency or disaster;

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

c. the ASC attests that the emergency or disaster is the sole causal factor in the interruption of the provision of services; and

d. the ASCs initial request to inactivate does not exceed one year for the completion of repairs, renovations, rebuilding or replacement of the facility;

NOTE: Pursuant to these provisions, an extension of the 30-day deadline for initiation of request may be granted at the discretion of the department.

2. 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 and/or civil fines; and

3. the ASC continues to submit required documentation and information to the department, including but not limited to, cost reports.

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

C. Upon the ASCs receipt of the departments approval of request to inactivate the license, the ASC shall have 90 days to submit plans for the repairs, renovations, rebuilding or replacement of the ASC to OSFM and OPH as required.

D. The ASC shall resume operating as an ASC in the same service area within one year of the approval of renovation/construction plans by OSFM and OPH as required.

Exception: If the ASC requires an extension of this timeframe due to circumstances beyond the ASCs control, the department will consider an extended time period to complete construction or repairs. Such written request for extension shall show the ASCs active efforts to complete construction or repairs and the reasons for request for extension of the ASCs inactive license. Any approvals for extension are at the sole discretion of the department.

E. Upon completion of repairs, renovations, rebuilding or replacement of the ASC, 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 the licensing agency of the department;

2. the license reinstatement request shall inform the department of the anticipated date of opening and shall request scheduling of a licensing or physical environment survey; and

3. the license reinstatement request shall include a completed licensing application with appropriate licensing fees.

F. Upon receiving a completed written request to reinstate an ASC license, the department may conduct a licensing or physical environment survey. The department may issue a notice of reinstatement if the ASC has met the requirements for licensure including the requirements of this Subsection.

G. 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.

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

I. 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-4585

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.