Louisiana § RS 40:2183 - Licensure required; transferability of license; fees; moratorium

§ RS 40:2183. Licensure required; transferability of license; fees; moratorium

A.  It shall be unlawful to operate or maintain a hospice without first obtaining a license therefor from the department.

B.  Application for licensure shall be made by a hospice to the department on forms furnished by the department.  Upon determination that the hospice is in compliance with the minimum requirements for licensure as established by the department and with all other applicable state and local laws and regulations, the department shall issue a license for such period as may be provided in the published regulations of the department, but not to exceed two years.

C.  Repealed by Acts 1999, No. 657, §2, eff. July 1, 1999.

D.  The license shall be displayed in a conspicuous place inside the hospice program office; shall be valid only in the possession of the person or public agency to which it is issued; shall not be subject to sale, assignment, or other transfer, voluntary or involuntary; and shall not be valid for any hospice other than the hospice for which originally issued.

E.  Notwithstanding any other provision of law to the contrary, the department shall implement a moratorium on the issuance of licenses for hospices.  The department shall not approve for licensure any new hospice until December 31, 2008, in order to allow the department and the hospice industry to examine the uncontrolled growth in providers and Medicaid expenditures that could adversely affect the quality of care available to patients in Louisiana.  The moratorium shall apply only to applications for licensure for hospices not postmarked by July 1, 2007.  Applications received by the department shall be postmarked no later than 12:00 a.m. on July 1, 2007, to be accepted and reviewed for application for hospice licensure.  Any applications postmarked after 12:00 a.m. July 1, 2007, shall be returned to the applicant.  All applications shall be accompanied by a licensing fee and applicants shall be ready to be fully operational and prepared for a licensing survey within ninety days of submission of the application.  If an applicant is unable to comply with the survey within ninety days of submission of the application, no license shall be issued under the moratorium.  A moratorium would allow the department and hospice industry sufficient time to review the current standards, examine the issues, and promulgate new regulations deemed necessary to resolve uncontrolled growth and other issues identified.  The provisions of this Subsection shall not apply to state correctional facilities, including Allen Correctional Center and Winn Correctional Center.

Acts 1988, No. 941, §2; Acts 1999, No. 657, §2, eff. July 1, 1999; Acts 2007, No. 444, §1, eff. July 1, 2007.