§2007.1. Interruption of provision of health care services; executive order or proclamation
of emergency or disaster; licensing
A.
(1)The provisions of this Section shall apply to any person, partnership,
corporation, unincorporated association, or other legal entity who, at the time of an executive
order or proclamation of emergency or disaster issued in accordance with R.S. 29:724, is
operating a licensed health care facility, as listed below, in an area or areas which have been
affected by such executive order or proclamation. This Section shall apply to any licensed:
(a)Adult day health care facility.
(b)Substance abuse/addiction treatment facility.
(c)Ambulatory surgery center.
(d)Case management provider.
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§2007.1. Interruption of provision of health care services; executive order or proclamation
of emergency or disaster; licensing
A.(1) The provisions of this Section shall apply to any person, partnership,
corporation, unincorporated association, or other legal entity who, at the time of an executive
order or proclamation of emergency or disaster issued in accordance with R.S. 29:724, is
operating a licensed health care facility, as listed below, in an area or areas which have been
affected by such executive order or proclamation. This Section shall apply to any licensed:
(a) Adult day health care facility.
(b) Substance abuse/addiction treatment facility.
(c) Ambulatory surgery center.
(d) Case management provider.
(e) Home health agency.
(f) Hospice.
(g) Hospital.
(h) Nursing home.
(i) Rural health clinic.
(j) Intermediate care facility for people with developmental disabilities (ICF/DD).
(k) End stage renal disease facility.
(2) All licensed health care providers operating in an area or areas which have been
affected by an executive order or proclamation of emergency or disaster who seek the
protection of the provisions of this Section, shall meet the following criteria:
(a) The health care provider shall notify in writing the health standards section of the
Louisiana Department of Health that the provider has experienced an interruption in the
provision of services as a result of events that are the subject of such executive order or
proclamation of emergency or disaster issued in accordance with R.S. 29:724. Such notice
shall be received no later than December 31, 2005.
(b) The health care provider shall notify in writing the health standards section of the
Louisiana Department of Health that the provider intends to resume operating a health care
facility.
(c) The provider shall resume operating as a health care facility no later than January
1, 2008. Extensions may be granted by the Louisiana Department of Health for good cause,
including but not limited to delays in construction beyond the provider's control.
(3)(a) Notwithstanding the provisions of Paragraph (2) of this Subsection, any
nursing home provider located in a parish with a population between sixty-five thousand and
seventy thousand according to the latest federal decennial census, which parish was affected
by Hurricane Katrina or Rita, who ceased operations solely because of the damage
occasioned by the events which were the subject of an order or proclamation of emergency
or disaster issued pursuant to R.S. 29:724 and who failed to notify the health standards
section of the Louisiana Department of Health in writing by December 31, 2005, of the
interruption in services and the intent to resume operation, shall be allowed to request
reinstatement of the pre-storm license for the sole purpose of rebuilding or replacing the
nursing home, upon meeting the following conditions:
(i) The nursing home provider shall submit the license reinstatement request to the
health standards section of the Louisiana Department of Health in writing by December 31,
2008.
(ii) The license reinstatement request shall state the provider's intent to rebuild the
nursing home and resume providing nursing home services in that parish.
(iii) The nursing home provider shall resume operation as a nursing home provider
in that parish no later than January 1, 2010. Extensions of time may be granted by the
Louisiana Department of Health for good cause.
(iv) The nursing home provider shall submit all fees, costs, and cost reports due and
owing to the Louisiana Department of Health.
(b) Upon completion of such rebuilding construction, the nursing home provider
shall meet all criteria required to remain licensed as a nursing home.
(c) No change of ownership in the nursing home provider shall occur until such
nursing home has completed construction and has resumed operations as a nursing home
provider.
(d) The provisions of this Subsection shall not apply to a nursing home provider who
has voluntarily surrendered its license and ceased operations.
B.(1) No licensed health care facility that experiences an interruption in the provision
of services as a result of events that are the subject of an executive order or proclamation of
emergency or disaster shall be deemed by the Louisiana Department of Health to have
voluntarily surrendered its license solely as a result of such interruption of services.
(2) The interruption of the provision of health care services by a licensed health care
facility as a result of events that are the subject of an executive order or proclamation of
emergency or disaster shall not constitute the sole cause for the Louisiana Department of
Health to terminate or revoke such license.
C. Nothing in this Section shall prohibit the Louisiana Department of Health from
inspecting a health care facility prior to the re-establishment of the provision of health care
services whether at a temporary or permanent location.
D.(1) The Louisiana Department of Health shall license, as of the date services
commence, any outpatient off-campus facility of a licensed hospital, if the need for the off-campus facility was occasioned by an event which is the subject of an executive order or
proclamation of emergency or disaster, issued in accordance with R.S. 29:724. In order to
qualify for licensure of such an off-campus facility, the licensed hospital shall, no later than
December 31, 2005, comply with the following:
(a) Notify the Louisiana Department of Health that it has commenced operations at
an outpatient off-campus facility, regardless of whether such off-campus facility is located
in an area that is the subject of the executive order or proclamation of emergency or disaster
issued in accordance with R.S. 29:724.
(b) Submit to the Louisiana Department of Health an attestation of regulatory
compliance specifying that, to the best of the hospital's knowledge, the outpatient off-campus
facility is in compliance with all regulatory requirements, including life and safety and public
health requirements, as of the date the off-campus facility commenced providing services.
(2) The Louisiana Department of Health shall not require any documentation from
a licensed hospital regarding an outpatient off-campus facility other than that listed in this
Subsection provided that nothing herein shall relieve the facility from complying with federal
regulations and requirements for approval from the Centers for Medicare and Medicaid
Services.