La. Admin. Code tit. 48 § I-8719

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

Section I-8719 - Change of Ownership

A. The license of an ABI facility is not transferable or assignable and cannot be sold.

B. A change of ownership (CHOW) of the facility shall be reported in writing to the department within five days of the change of ownership.

C. A CHOW of a facility shall not be submitted at time of the annual renewal of the facility's license.

D. Before an initial license can be issued to the new owner, all licensing application requirements in accordance with the provisions of this Chapter shall be met.

E. The applicant shall submit to the department, pursuant to §8707 above, the following licensing requirements, including but not limited to:

1. the completed facility license application and non-refundable fee;

2. the disclosure of ownership documentation;

3. a copy of a statewide criminal background check conducted by the Louisiana State Police, or its authorized agent, on all owners;

4. proof of financial viability as evidenced by one of the following:

a. verification of sufficient assets equal to $100,000 or the cost of three months of operation, whichever is less; or

b. a letter of credit issued from a federally insured, licensed lending institution in the amount equal to $100,000 or the cost of three months of operation, whichever is less;

5. proof of general and professional liability insurance of at least $300,000;

6. proof of workers compensation insurance;

7. if applicable, CLIA certificate of waiver;

8. disclosure of ownership and control information;

9. the days and hours of operation (outpatient only);

10. a copy of the articles of organization or articles of incorporation; and

11. any other documentation or information required by the department for licensure.

F. An ABI facility may not undergo a CHOW if any of the following conditions exist:

1. an ABI facility whose licensure is provisional, is under revocation or is in denial of renewal;

2. an ABI facility is in a settlement agreement with the department; and/or

3. an ABI facility has ceased to operate and does not meet operational requirements to hold a license.

G. The department may deny approval of the CHOW for any of the reasons a license may be revoked or denied renewal pursuant to these licensing provisions.

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

La. Admin. Code tit. 48, § I-8719

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 432170 (11/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 40:2120.31-40.