La. Admin. Code tit. 48 § I-8727

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

Section I-8727 - Cessation of Business

A. A cessation of business or closure is deemed to be effective the date on which the facility stops providing services to the community or clients.

1. Except as provided in §8729 (Temporary Inactivation of a License Due to a Declared Disaster or Emergency) and §8731 (Inactivation of License due to Non-Declared Emergency or Disaster) of these licensing regulations, a license shall be immediately null and void if an ABI facility ceases to operate.

B. A cessation of business is considered to be a voluntary action on the part of the facility. As such, there is no right to an informal reconsideration and no right to an administrative appeal of a cessation of business or voluntary closure.

C. Upon the cessation of business, the facility shall immediately return the original license to the department.

D. A facility that intends to close or cease operations shall comply with the following procedures:

1. give 30 days advance written notice to:

a. the department;

b. clients; and

c. attending physicians; and

2. provide for an orderly discharge and transition of all clients admitted to the facility.

E. In addition to the 30 days advance written notice, the facility shall submit a written plan for the disposition of client services-related records for approval by the department. The plan shall include the following:

1. the effective date of the closure;

2. provisions that comply with federal and state laws on storage, maintenance, access and confidentiality of the closed facility's client services-related records;

3. an appointed custodian(s) who shall provide the following:

a. access to records and copies of records to the client or authorized representative, upon presentation of proper authorization(s); and

b. physical and environmental security that protects the records against fire, water, intrusion, unauthorized access, loss and destruction; and

4. public notice regarding access to records, in the newspaper with the largest circulation in close proximity to the closing facility, at least 15 days prior to the effective date of closure.

F. If a facility fails to follow these procedures, the owners, managers, officers, directors and administrators may be prohibited from opening, managing, directing, operating or owning an ABI facility for a period of two years.

G. Once the facility has ceased doing business, the facility shall not provide services until the facility has obtained a new initial license.

La. Admin. Code tit. 48, § I-8727

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 432172 (11/1/2017).

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