§ 40:2116.32 — Licensing of home health agencies; applications; fees, disposition of fees

Louisiana § 40:2116.32

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

Text

§2116.32. Licensing of home health agencies; applications; fees, disposition of fees
A. No person shall open, conduct, manage, or maintain an agency or organization
that meets the definition of a home health agency without a license from the department.
B. Except as provided in Subsection D of this Section, no license shall be issued to
any home health agency unless that agency meets the minimum standards for home health
agencies promulgated by the secretary and all licensure requirements as provided in this Part.
C. All initial applicants shall submit a request in writing to the department on
application forms furnished by it. Additional information required by the department shall
be provided by the applicant on supplemental forms as needed. The application shall be
accompanied by a non-refundable application fee, the amount of which shall be promulgated
in the minimum standards. Licenses shall be renewed on an annual basis only for those
agencies who are in substantial compliance with minimum standards. In addition the
applicant shall:
(1) Provide a line of credit from a licensed lending agency for at least seventy-five
thousand dollars as proof of adequate finances to sustain an agency for at least six months.
(2) Show proof of general and professional liability insurance and worker's
compensation of at least the amount promulgated in the minimum standards.
(3) Submit resumes for the individuals designated as administrator, director of
nursing, alternate administrator, and alternate director of nursing, and other proof of
qualifications as determined by the secretary or department. Any changes in the individuals
designated or in their qualifications must be submitted prior to the initial survey.
(4) Agree to become fully operational and prepared for initial survey within ninety
days after payment of the application fee. If the agency is unable to do so, the application
shall be considered closed and the agency shall be prohibited from submitting a new
application for one year.
(5) Disclose all felony convictions by submitting proof of criminal background
investigations for the owner, administrative persons, and, if the agency is a corporation, all
directors.
(6) Disclose in writing any financial or familial relationship with any other entity
providing home health care services in the state.
D. A provisional license may be issued to those existing agencies which do not meet
criteria for full licensure. Any agency with a provisional license shall pay an additional
amount equal to the annual fee for each follow-up survey. Fees shall be paid to the state
agency prior to survey being performed and shall be non-refundable. Any such license shall
be valid for six months or until its termination date. Such licenses may be issued by the
department to any agency when the agency:
(1) Receives more than five violations of minimum standards in a one-year period.
(2) Receives more than three valid complaints in a one-year period.
(3) Has placed a patient at risk according to a documented incident.
(4) Fails to correct deficiencies within sixty days of being cited.
(5) Fails to submit assessed fees after notification by the department.
(6) Has an owner, administrator, or director of nurses that has pled guilty to, pled
nolo contendere to, or been convicted of a felony, as shown by a certified copy of the record
of the court of conviction, or if the applicant is a firm or corporation, when any of its
members or officers, or the person designated to manage or supervise the home care, has
been convicted of a felony.
(7) Fails to notify the department, in writing, within thirty days of a change as
provided in this Paragraph. Any notification of change shall be accompanied by the
appropriate fee. No notification of change can be processed until the appropriate fee has been
received by the department. A change shall include a change in any of the following:
(a) Controlling ownership or management.
(b) Administrator/alternate.
(c) Director of nursing/alternate.
(d) Address/telephone number.
(e) Hours of operation.
(f) After-hours contact procedure.
E. An administrative provisional license may be issued to an existing agency that has
paid the annual renewal fee when the survey process has not been completed before the
expiration of the annual license.
F.(1) The United States Department of Health and Human Services, Health Care
Financing Administration has amended its contract with the state, changing the allocation
of resources and effectively eliminating all funding for initial licensure surveys and reducing
funding for resurveys, complaint investigations, and other activities directly related to quality
of care and public safety. Therefore, except for those instances in which the survey is
eligible for priority funding under federal guidelines in effect on June 1, 1995, the secretary
shall not issue any licenses pursuant to this Part until the department finally publishes a rule,
pursuant to the Administrative Procedure Act, in which it certifies to the legislature that the
department has sufficient funds to adequately conduct initial licensure surveys after
adequately conducting all renewal surveys, complaint investigations, and other activities
affecting public safety as required by state law, federal law, and regulation. Said certification
shall state whether the department has adequate and sufficient funding to conduct on a timely
basis surveys for all pending and expected applications hereunder. If the department's
certification states that it has adequate funding for some but not all of the pending and
expected applications, said certification shall be accompanied by a rule which shall be
promulgated according to the Administrative Procedure Act and which shall set forth the
department's proposed method for deciding how applicants will be prioritized for initial
surveys. No rules promulgated under this Subsection shall be issued as emergency rules.
(2) At any time after July 1, 2008, if the department is not conducting new licensing
surveys, the House Committee on Health and Welfare and the Senate Committee on Health
and Welfare, meeting jointly pursuant to their oversight authority, may by a majority vote of
each committee recommend to the governor that he instruct the department to promulgate
the rules provided in Paragraph (1) of this Subsection and the department shall promulgate
such rules.
G. Funds collected by the state agency as license fees shall be deposited in the self-generating fund of the division of licensing and certification and may be used by it for the
expenses incurred in administering and enforcing the laws, rules, and regulations relating to
the licensing of such organizations and agencies.

Legislative History

Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M.; Acts 1985, No. 912, §1; Acts 1985, No. 342, §2, eff. July 9, 1985; Acts 1986, No. 497, §1, eff. July 2, 1986; Acts 1995, No. 1252, §1; 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; Acts 2018, No. 206, §4.