2006 Louisiana Laws - RS 40:2007.1 — Interruption of provision of health care services; executive order or proclamation of emergency or disaster; licensing

§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 Department of Health and Hospitals 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 Department of Health and Hospitals 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 Department of Health and Hospitals for good cause, including but not limited to delays in construction beyond the provider's control.

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 Department of Health and Hospitals 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 Department of Health and Hospitals to terminate or revoke such license.

C.  Nothing in this Section shall prohibit the Department of Health and Hospitals 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 Department of Health and Hospitals 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 Department of Health and Hospitals 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 Department of Health and Hospitals 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 Department of Health and Hospitals 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.

Acts 2005, 1st Ex. Sess., No. 7, §1, eff. Nov. 23, 2005; Acts 2006, No. 163, §2.