La. Admin. Code tit. 48 § I-8731

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

Section I-8731 - Inactivation of License due to Non-Declared Emergency or Disaster

A. An ABI facility 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 ABI facility 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 ABI facility 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 ABI facility intends to resume operation as an ABI facility in the same service area;

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

d. the ABI facility's 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 ABI facility continues to pay all fees and costs due and owed to the department including, but not limited to, annual licensing fees and outstanding civil fines; and

3. the ABI facility continues to submit required documentation and information to the department.

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

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

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

EXCEPTION: If the ABI facility requires an extension of this timeframe due to circumstances beyond the ABI facility's control, the department will consider an extended time period to complete construction or repairs. Such written request for extension shall show the ABI facility's active efforts to complete construction or repairs and the reasons for request for extension of the ABI facility's 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 facility, an ABI facility 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 ABI facility 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 ABI facility license, the department may conduct a licensing or physical environment survey. The department may issue a notice of reinstatement if the ABI facility has met the requirements for licensure including the requirements of this Subsection.

NOTE: The licensed capacity of the reinstated license shall not exceed the licensed capacity as approved by the OSFM.

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

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

I. Failure to comply with any of the provisions of this Subsection shall be deemed a voluntary surrender of the ABI facility license.

La. Admin. Code tit. 48, § I-8731

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 432173 (11/1/2017).

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