2006 Louisiana Laws - RS 40:2180.2 — Promulgation of rules

§2180.2.  Promulgation of rules

The department shall promulgate, in accordance with the Administrative Procedure Act, licensing standards, rules, and regulations, regarding, but not limited to the following:

(1)  Licensure application procedures and requirements.

(2)  Operational and personnel requirements.

(3)  Practice standards to assure quality of supports and services.

(4)  Survey and complaint investigations.

(5)  Initial and annual renewal of license investigations.

(6)  Issuance of a provisional license.

(7)  Denial, revocation, and nonrenewal of licenses and the appeals thereof.

(8)  Planning, construction and design to ensure the health, safety, and comfort of persons receiving services.

(9)  Such other regulations of standards as will ensure proper care and treatment as may be deemed necessary for an effective administration of this Part.

(10)  The establishment, reestablishment, or  continued operation of facilities located in areas subject to hurricanes, tidal surges, or flooding.  The regulations adopted by the department shall include but not be limited to:

(a)  Requirements of building and construction codes and guidelines.

(b)  Restrictions of locations of newly approved facilities that are subject to the provisions of the facility need review process.

(c)  Provisions for the fair allocation of the Medicaid share of facility specific costs directly incurred by a facility as a result of compliance.

(d)  Provisions for reasonable time periods for compliance, not to exceed three years, except when extensions are granted by the department for good cause.

Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2005, 1st Ex. Sess., No. 41, §1, eff. Dec. 6, 2005.