§ 40:2007 — Health care providers; requirement of physical separation

§2007. Health care providers; requirement of physical separation
A. For purposes of this Section:
(1) "Appropriate signage" means a display, device, or inscription which
is located upon, attached to, or painted on the entrance to the health care
provider indicating the legal or trade name and address of the health care
provider occupying that building, premises, or physical location.
(2) "Clearly delineated and cognizable boundary" means a separate
building or premises or, if within the same building, premises, or physical
location of another health care provider, a separate floor within a building; a
common wall from floor to ceiling; or a hallway or intersection within the
building.
(3) "Department" means the Louisiana Department of Health.
(4) "Health care provider" means a facility, entity, or operation, in any
form whatsoever, that is required to be separately licensed, apart from the
license required of physicians or board-certified social workers in private
practice, or that must enter into a Medicaid provider agreement with the
department before providing the medical services for which it was organized.
The definition of "health care provider" includes but is in no way limited to
inpatient hospitals, nursing homes, home health agencies, and ambulatory
surgical centers.
B. Any health care provider, including any branches or off-site campus
thereof, shall be physically separated from other health care providers by a
clearly delineated and cognizable boundary. Any such health care provider
shall also be clearly identifiable and distinguishable by appropriate signage
from any other health care provider.
C. If more than one health care provider occupies the same building,
premises, or physical location, all treatment facilities and administrative
offices of one health care provider shall be clearly separated from any
treatment facilities or administrative offices of any other health care provider
located in and/or on the same building, premises, or physical location by a
clearly delineated and cognizable boundary. Treatment facilities shall include
but not be limited to consumer beds, wings, and operating rooms.
Administrative offices shall include but not be limited to records rooms and
personnel offices.
D. If more than one health care provider occupies the same building,
premises, or physical location, each such health care provider shall have its
own entrance. This separate entrance shall have appropriate signage and shall
be clearly identifiable as belonging to one health care provider. Nothing in
this Section shall prohibit a health care provider occupying the same building,
premises, or physical location as another health care provider from utilizing the
entrance, hallways, stairs, elevators, or escalators of another health care
provider to provide access to its separate entrance.
E. Except as provided in Subsection F of this Section, the provisions
of this Section shall not apply to any health care provider licensed by the
department or having a Medicaid provider agreement, on August 15, 1997,
until the occurrence of one of the following:
(1) The termination, revocation, or both of the license applicable to the
health care provider for reasons other than as set forth in Subsection H of this
Section.
(2) The termination, revocation, or both of the Louisiana Medicaid
provider agreement to which the provider is a party, in cases where licensure
of the particular provider by the department secretary is not required or
provided. This provision shall not apply to situations in which a Louisiana
Medicaid provider agreement is terminated solely because of the change of
ownership of a health care provider.
(3) A change in location of the health care provider to a new building
or premises.
F. The provisions of this Section shall apply to any branch or off-site
campus of a health care provider otherwise exempt under the provisions of
Subsection E of this Section when such branch or off-site campus is opened
after August 15, 1997, except under any one or more of the following
circumstances:
(1) A construction contract for the construction of a branch or off-site
campus of a health care provider is signed on or before August 15, 1997.
(2) A contract for renovations to a branch or off-site campus of a health
care provider is signed on or before August 15, 1997.
(3) A contract to lease a branch or off-site campus of a health care
provider is signed on or before August 15, 1997.
G.(1) The provisions of this Section shall not apply to the activities of
any physician in the operation of the physician's office practice so long as the
physician's office practice is not separately licensed, apart from the license of
the physician himself, or operating as a health care provider as defined in this
Section.
(2) Nothing in this Section shall be construed to:
(a) Prohibit the location of an adult day health care center in the same
building, premises, or physical location as a nursing home.
(b) Prohibit a hospital, as defined in the applicable hospital licensing
standards or statutes, from leasing beds to Louisiana State University or the
Louisiana Health Care Authority.
(c) Prohibit a health care provider from occupying or sharing premises,
facilities, treatment areas, or administrative areas, whether contiguous or not,
with another entity, provided the health care provider and the entity are
recognized as related parties by the United States Department of Health and
Human Services, Health Care Financing Administration, or its successors,
under Medicare regulations at 42 CFR 413.17. Any adverse action taken by
the department against any entity or health care provider occupying or sharing
premises, facilities, treatment areas, or administrative areas, whether
contiguous or not, with another entity or health care provider may apply to
each entity or health care provider if the health care providers or entities are
recognized as related parties by the United States Department of Health and
Human Services, Health Care Financing Administration, or its successors,
under Medicare regulations at 42 CFR 413.17.
H. The department may refuse to issue a license or to enter into a
Medicaid provider agreement with, initiate procedures to terminate an existing
Medicaid provider agreement of, or initiate procedures to revoke the license
of any health care provider as defined in this Section that the licensing agency
determines is not in full compliance with the requirements of this Section in
accordance with the procedures established by the statutes, laws, rules, and/or
regulations applicable to the specific health care provider involved.
I. The provisions and requirements of this Section are in addition to
and not to the exclusion of any other statutes, laws, rules, and/or regulations,
which also may be applicable to health care providers as defined in this
Section, or which may govern the conditions for licensure, the conditions for
entering into a Medicaid provider agreement, or the conditions for general
operation applicable to the specific types of health care providers as defined
herein.
J. The secretary of the department shall have the authority to
promulgate rules and regulations, in accordance with the Administrative
Procedure Act, in order to enforce and insure compliance with the
requirements of this Section.

Legislative History

Acts 1997, No. 636, §1.