§ 40:2103 — Date licenses must be obtained; moratorium on licensure of long-term

§2103. Date licenses must be obtained; moratorium on licensure of long-term
care hospitals and beds
A. After July 1, 1961, no person acting individually or jointly with any
other person shall establish, conduct, or maintain a hospital without a license
from the department, except that any hospital in operation at the time of
enactment of this Part shall make application for a license and may continue
in operation until action has been taken on the application. Such hospitals
shall be given a reasonable time, under the particular circumstances, not to
exceed one year without department approval from the date of adoption of
rules, regulations, and minimum standards as herein provided, within which
to comply with such rules, regulations, and minimum standards.
B. A provisional license may be issued to a hospital for periods of six
months in cases where sufficient compliance with regulations, codes or
minimum standards require an extension of time. The failure to comply must
not be detrimental to the health or safety of the residents and the deficiencies
must be cited at the time of issuance.
C.(1) Notwithstanding any other provision of law to the contrary, the
Louisiana Department of Health shall implement a moratorium, effective
August 1, 1997, on the licensure of long-term care hospital facilities and beds
in long-term care hospital facilities. The Louisiana Department of Health shall
not approve for licensure as a hospital and enrollment as a Medicaid provider
any long-term care hospital facility, as defined in 42 CFR 412.23, nor shall it
approve for licensure and enrollment as a Medicaid provider any bed in such
a facility, until July 1, 2008.
(2) This moratorium shall not apply to facilities licensed and converted
to long-term care hospital facilities prior to December 1, 1997, or to Louisiana
entities that, prior to July 1, 1997, have filed an application for accreditation
with the Joint Commission on Accreditation of Healthcare Organizations for
facilities leased from a major teaching hospital, and have given notice to the
Louisiana Department of Health of their intention to obtain long-term care
hospital status for such hospital facilities.
(3) Without limiting the generality of the foregoing, the legislature
specifically intends that this moratorium shall not apply to the facility in
Orleans Parish formerly known as New Orleans General Hospital. Further, to
the extent permitted by federal law this moratorium shall apply only to
facilities enrolled in the Medicaid program.

Legislative History

Added by Acts 1961, No. 90, §1. Amended by Acts 1970, No. 408, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1997, No. 583, §2, eff. July 3, 1997; Acts 2001, No. 863, §2, eff. June 26, 2001; Acts 2003, No. 1191, §2, eff. July 3, 2003.