2009 Louisiana Laws TITLE 40 Public health and safety :: RS 40:2120.8 Moratorium on home- and community-based service providers

§2120.8.  Moratorium on home- and community-based service providers

A.  The department shall implement a moratorium, subject to approval from the Centers for Medicare and Medicaid Services, on the licensure of new home- and community-based service providers that provide personal care attendant services, respite care services, and supervised independent living program services, except to facilitate the conversion of intermediate care facilities for persons with developmental disabilities to the proposed Residential Options Waiver.  The moratorium shall apply to any new applications received on or after July 1, 2008, and shall remain in effect until July 1, 2010.

B.  Notwithstanding the provisions of Subsection A of this Section, if the department determines, in its sole discretion, that there is a need for new or additional home- and community-based service providers in a certain geographic location, the department may approve and license a new or additional home- and community-based service provider that provides personal care attendant services, respite care services, or supervised independent living program services.

C.  The department shall be authorized to promulgate and publish rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section.

Acts 2008, No. 328, §1.