§ 40:2008 — Out-of-state providers; prohibitions on licensure, survey

Louisiana § 40:2008

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§2008. Out-of-state providers; prohibitions on licensure, survey
A. For purposes of this Section:
(1) "Department" means the Louisiana Department of Health.
(2) "Health care provider" means a facility, entity, operation, or
individual, in any form whatsoever, that is required to be licensed by the
department before providing the medical services for which it was organized.
B. Except as provided in Paragraph F(1), the department shall not issue
a license to or complete a survey upon any health care provider not located
within the boundaries of the state. Any license or survey shall only apply to
activities and facilities within the boundaries of the state and shall not apply
to any branches, off-site campuses, main offices, or units located outside the
boundaries of the state.
C. For purposes of this Section, a health care provider shall be located
within the boundaries of the state only if the buildings, premises, or physical
structures which house its administrative or treatment facilities, or both, are
physically located within the boundaries of the state.
D. All emergency medical transportation services, including but not
limited to ambulances and air ambulance services, are expressly excluded from
the requirements and mandates of this Section.
E. The provisions, prohibitions, and requirements of this Section are
in addition to, and not to the exclusion of, any other statutes, laws, rules, or
regulations, or any combination thereof, which also may govern the conditions
for licensure or the conditions for general operation applicable to the specific
types of health care providers as defined herein.
F.(1) Except as provided in Paragraph (2) of this Subsection, the
provisions of this Section shall not apply to any health care provider licensed
by the department on August 15, 1997, until the occurrence of any one of the
following:
(a) A change of ownership of the health care provider.
(b) The termination, revocation, or both, of the applicable license of the
health care provider.
(c) A change in the location of the health care provider to a new
building, premises, or other change in physical location, including but not
limited to a change in address.
(d) December 31, 1998.
(2) The prohibitions and restrictions of this Section shall apply to any
new branch or off-site campus located outside of the boundaries of the state of
any health care provider licensed by the department on August 15, 1997.
G. The secretary of the Louisiana Department of Health may adopt
rules and regulations in accordance with the Administrative Procedure Act to
enforce and insure compliance with the provisions of this Section.

Legislative History

Acts 1997, No. 1069, §1.