RULEMAKING: HSS - Notices of Intent

The department proposes to amend the provisions governing the licensing of a nursing facilities (NF) in order to require NFs to access the certified nurse aide (CNA) registry and the Louisiana adverse actions list, prior to hire and then monthly thereafter to ensure that a prospective hire or currently employed or contracted CNA does not have a finding. Notice of Intent: NF_NOI_9701_and_9759

#1 – BHSPs_NOI_25.01 The Department of Health, Health Standards Section (the department) proposes to amend LAC 48:I.Chapter 56 and adopt §5612 and §5735 as authorized by R.S. 36:254 and R.S. 40:2151-2161. This proposed Rule is promulgated in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950, et seq.  The department promulgated an # Rule to amend the provisions governing the licensing of behavioral health service providers of opioid treatment programs in order to remove outdated eligibility criteria, expand the types of eligible practitioners, adjust the provisions related to take-home doses of medication, and include provisions for mobile dosing units (Louisiana Register, Volume 50, Page Number 1615). This proposed Rule is being promulgated to continue the provisions of the November 13, 2024 Emergency Rule. Notice of Intent: BHSPs_NOI_25.01   #2 – BHSPs_NOI_5603 and 5617_25.01  The Department of Health, Health Standards Section (the department), proposes to amend LAC 48:I.5603 and §5617 as authorized by R.S. 36:254 and R.S. 40:2151-2161. This proposed Rule is promulgated in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq. The department proposes to amend the provisions governing the licensing of behavioral health service providers (BHSPs) in order to comply with the requirements of Act 737 of the 2024 Regular Session of the Louisiana Legislature relative to the acceptance, with certain exceptions, of documents, records, photos, testimonials, and other significant health-related collateral information provided by a client’s family member, caregiver, friend, or healthcare professional. In compliance with Act 737, the department hereby proposes to amend the provisions governing the licensing of BHSPs in order to adjust requirements for the minimum contents of client records. The department also proposes to revise the definition of Clinically Managed Low Intensity Residential Treatment Services, and to update licensing standards related to deemed status. Notice of Intent:  BHSPs_NOI_5603 and 5617_25.01

This website posting pertains to the Facility Need Review Notice of Intent, which was published in the October 20, 2024 edition of the Louisiana Register. The Department has decided to abandoned the October 20, 2024 Notice of Intent, and proposes to publish a revised Notice of Intent in the Louisiana Register at a later date. Questions regarding HSS administrative rulemaking activity may be directed to Dr. Cynthia York at Cynthia.York@la.gov.

The Department of Health, Health Standards Section proposes to amend the provisions governing facility need review (FNR) in order to require residential substance abuse treatment providers, except those that provide services to women, adolescents, or both to be subject to FNR.

The Department of Health, Health Standard Section proposes to amend the provisions governing the licensing of Healthcare Facility Sanctions in order to define the terms sanction and repeat violation.

The Department of Health, Health Standards Section proposes to amend the provisions governing the licensing of Ambulatory Surgical Centers (ASCs) to provide consistency throughout the regulations that ASCs are required to obtain a line of credit issued from a federally insured, licensed lending institution in the amount of at least $100,000.

The Department of Health, Health Standards Section (the department) proposes to amend the provisions governing the licensing of Free-standing Birth Centers (FSBC) providers in order to comply with the requirements of the following Acts of the 2024 Regular Session of the Louisiana Legislature: Act 122 that requires FSBC providers to, prior to discharge following birth, provide the mother and her family members information about post-birth warning signs, including symptoms and available resources; and Act 624 that requires FSBC providers to implement workplace violence mitigation initiatives. In compliance with Acts 122 and 624, the department hereby proposes to amend the provisions governing the licensing of FSBCs in order to update general provisions for licensure, requirements for policies and procedures, and client discharge processes. The department also proposes to amend the provisions governing the licensing of FSBC providers in order to update requirements for provisional licensure and deemed status.

The department proposes to amend the provisions governing the licensing of rural health clinics (RHCs) to ensure RHC regulations are in line with federal requirements, to update physician obligations, to modify requirements for emergency preparedness, infection control, and quality assurance, and to remove obsolete language.

The Department of Health, Health Standards Section promulgated an Emergency Rule to amend the provisions governing the licensing of hospitals in order to add a new definition, and to include provisions for the distribution of naloxone nasal spray to patients and/or non-patients who present in the hospital (Louisiana Register, Volume 50, Number 5). This proposed Rule is being promulgated to continue the provisions of the April 29, 2024 Emergency Rule.

The Department of Health, Health Standards Section proposes to amend LAC 48:I.Chapter 125, and to adopt §12510, §12511, and §12512 as authorized by R.S. 36:254 and R.S. 40:2116 et seq. in order to ensure that the FNR process for nursing facilities coincides with current statute requiring FNR approval by the department.