HLS 11RS-945 ORIGINAL
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 440
BY REPRESENTATIVE BURFORD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH CARE/PROVIDERS: Provides with respect to the licensing standards, rules, and
regulations applicable to home- and community-based service providers
AN ACT1
To amend and reenact R.S. 40:2120.4(B)(1) and 2120.5(A) and (D), relative to home- and2
community-based service providers; to provide for the addition of accreditation3
requirements to certain licensing standards; to provide for fulfillment of licensing4
requirements by the submission of proof of certification or accreditation from certain5
nationally recognized entities; to require proof of contact with an accreditation6
organization or a documented plan for seeking accreditation in the initial application7
for licensure; to authorize two-year audit cycles for certain agencies or providers;8
and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 40:2120.4(B)(1) and 2120.5(A) and (D) are hereby amended and11
reenacted to read as follows: 12
§2120.4. Rules and regulations; licensing standards13
* * *14
B. The licensing agency of the department shall prescribe, promulgate, and15
publish rules, regulations, and licensing standards to include but not be limited to the16
following:17
(1)(a) Licensure application and renewal application procedures and18
requirements. Licensure procedures and requirements may shall include provisions19
for accreditation requirements or granting of deemed status to home- and20 HLS 11RS-945 ORIGINAL
HB NO. 440
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
community-based service providers that obtain accreditation through a recognized1
national, not-for-profit accrediting body; the licensure procedures and requirements2
may include provisions for denying and revoking deemed status, for complaint3
surveys and investigations of providers holding deemed status, and for approved4
accreditation organizations. Deemed status shall not be available to persons or5
entities seeking initial licensure with the department.6
(b) A nongovernmental agency or service provider that provides home- and7
community-based services shall be deemed to meet the licensing requirements of this8
Section, to provide these services, if such agency or provider submits proof of9
certification or accreditation by one or more of the following nationally recognized10
entities:11
(i) The Joint Commission on the Accreditation of Healthcare Organizations.12
(ii) The Commission on Accreditation of Rehabilitation Facilities.13
(iii) The Council on Quality and Leadership in Supports for People with14
Disabilities.15
(iv) The Council on Accreditation of Services for Families and Children.16
* * *17
§2120.5. License issuance; application; onsite inspection18
A.(1) Each application for licensure of a home- and community-based19
service provider shall be submitted to the department on forms provided by the20
licensing agency and shall contain such information as that agency may require.21
Additional information required by the licensing agency shall be provided by the22
applicant as requested.23
(2) Each initial application for licensure shall include proof of contact with24
an accreditation organization and a documented plan for seeking accreditation.25
* * *26
D.(1) As a condition for a renewal of a license, the licensee must shall27
submit to the licensing agency a completed annual renewal application on forms28
prescribed by the licensing agency and shall contain such information as required by29 HLS 11RS-945 ORIGINAL
HB NO. 440
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the agency, including proof of accreditation; additionally, the annual renewal1
licensing fee must shall be submitted with the annual renewal application. Upon2
receipt of the completed annual renewal application and the annual renewal licensing3
fee, the licensing agency shall determine if the facility or provider continues to meet4
the requirements established under pursuant to this Part and the licensing standards5
adopted pursuant to this Part. The licensing agency may perform an onsite survey6
and inspection upon annual renewal. If the facility or provider continues to meet the7
requirements established under pursuant to this Part and the licensing standards8
adopted pursuant to this Part, a license shall be issued which is valid for one year.9
(2) The department shall adopt a procedure whereby in its annual audit10
process those agencies or service providers that have received accreditation and have11
a ten percent or less error rate in their annual audit shall be moved to a two-year12
audit cycle. The department may request information from the agency or service13
provider at any time for random file audits.14
* * *15
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Burford HB No. 440
Abstract: Amends provisions establishing the rules, regulations, and licensing standards
for home- and community-based service providers.
Present law (R.S. 40:2120.4(B)(1)) requires the Dept. of Health and Hospitals (DHH) to
prescribe, promulgate, and publish rules, regulations, and licensing standards that include
licensure application and renewal application procedures and requirements. Also, it allows
the licensure procedures and requirements to include provisions for granting deemed status
to home- and community-based service providers that obtain accreditation through a
recognized national, not-for-profit accrediting body; the licensure procedures and
requirements may include provisions for denying and revoking deemed status, for complaint
surveys and investigations of providers holding deemed status, and for approved
accreditation organizations. Further, provides that deemed status shall not be available to
persons or entities seeking initial licensure with DHH.
Proposed law adds accreditation requirements to the licensure procedures and requirements.
Proposed law (R.S. 40:2120.4(B)(1)(b)) specifies that a nongovernmental agency or service
provider that provides home- and community-based services is deemed to meet the licensing
requirements of present law, to provide these services, if such agency or provider submits HLS 11RS-945 ORIGINAL
HB NO. 440
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
proof of certification or accreditation by one or more of the following nationally recognized
entities:
(1)The Joint Commission on the Accreditation of Healthcare Organizations.
(2)The Commission on Accreditation of Rehabilitation Facilities.
(3)The Council on Quality and Leadership in Supports for People with Disabilities.
(4)The Council on Accreditation of Services for Families and Children.
Proposed law (R.S. 40:2120.5(A)) requires each initial application for licensure to include
proof of contact with an accreditation organization and a documented plan for seeking
accreditation.
Present law (R.S. 40:2120.5(D)) in pertinent part, provides that in order to renew a license,
the licensee is required to submit to the licensing agency a completed annual renewal
application on forms prescribed by the licensing agency and that contain such information
as required by the agency; additionally, the annual renewal licensing fee must be submitted
with the annual renewal application.
Proposed law adds proof of accreditation to the license renewal process.
Proposed law (R.S. 40:2120.5(D)(2)) requires DHH to adopt a procedure whereby in its
annual audit process those agencies or service providers that have received accreditation and
have a 10% or less error rate in their annual audit are moved to a two-year audit cycle. Also,
authorizes DHH to request information from the agency or service provider at any time for
random file audits.
(Amends R.S. 40:2120.4(B)(1) and 2120.5(A) and (D))