La. Admin. Code tit. 48 § I-12531

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

Section I-12531 - Behavioral Health Services Providers (OTP Only)

A. No OTP may be licensed in the state of Louisiana unless the department has assessed, in its discretion, a need for a new or additional OTP in the geographic service area in accordance with §12527 For purposes of this Section, the geographic service area follows the criteria established in §12503.H All licensed OTPs shall be in compliance with all applicable OTP federal, state, and local laws and regulations.

B. Except as otherwise provided in this Chapter or in the Subparagraphs below, FNR approvals are non-transferable and are limited to the physical location and the name of the original licensee identified in the OTP FNR application.

1. Change of Physical Location

a. A licensed OTP provider, including those OTPs who qualify under the grandfather provision, undergoing a change of physical location in the same licensed geographic service area shall submit a written attestation of the change of physical location, including the license number, state ID, current address and new address, and the department shall re-issue the FNR approval with the name and new physical location.

b. A licensed OTP provider, including those OTPs who qualify under the grandfather provision, undergoing a change of physical location outside of the licensed geographic service area shall submit a new FNR application and appropriate fee and undergo the FNR approval process.

2. A licensed OTP provider undergoing a change of ownership shall submit a new application to the department's FNR program, requesting a transfer of the FNR approval to the new owner. Facility need review approval for the new owner shall be granted upon submission of the new application and proof of the change of ownership, provided that the legal change of ownership documents require the seller's or transferor's written relinquishment of the FNR approval.

3. Facility need review approval of a licensed provider shall automatically expire if the provider is moved or transferred to another party, entity, or location without application to and approval by the FNR program.

C. The following timeframes shall apply for complying with the requirements for obtaining LDH licensure as an opioid treatment program after receipt of OTP FNR approval and for complying with all applicable federal, state, and local laws and regulations.

1. An approved OTP that shall operate in existing buildings, shall achieve LDH licensure no later than one year from the date of the OTP FNR approval.

2. For an approved OTP that shall operate in a newly constructed building, licensure shall be achieved no later than 18 months from the date of OTP FNR approval. For approved OTPs that will operate in a newly constructed building, architectural plan approvals shall be obtained no later than six months from the date of the OTP FNR approval.

a. A one-time 90 day extension may be granted, at the discretion of the department, when delays are caused by circumstances beyond the control of the applicant.

b. Inappropriate zoning is not a basis for extension.

3. If the OTP FNR approved location(s) fails for any reason, LDH reserves the right to reissue the RFA. If the approved OTP does not become licensed within these timeframes the OTP FNR approval shall automatically expire.

4. If an approved OTP fails to become licensed within these timeframes, the department may issue a new RFA.

D. An OTP that intends to relinquish its FNR approval prior to the expiration of the timeframes in this Section, shall submit a letter of such intent to the LDH FNR program.

La. Admin. Code tit. 48, § I-12531

Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 30:1023 (May 2004), amended LR 34:2620 (December 2008), Promulgated by the Department of Health, Health Standards Section, LR 50234 (2/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2116 et seq.