HLS 16RS-1083 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 699
BY REPRESENTATIVE STOKES
FEES/LICENSES/PERMITS: Revises fee amounts for facilities and providers licensed by
the Dept. of Health and Hospitals
1 AN ACT
2To amend and reenact R.S. 28:35(B), R.S. 40:1135.4, 2006(A)(1), (2)(introductory
3 paragraph), (c), (i), and (k), (B)(1), (2)(introductory paragraph), (c), and (d), (C),
4 (E)(1), (2)(introductory paragraph), (i), and (j), 2120.4(D), 2120.34(F), 2139(A),
5 2166.5(C), and 2198.13, to enact R.S. 40:2006(A)(2)(r) through (y), (B)(2)(i)
6 through (m), (E)(2)(t) through (x), and (F), and to repeal R.S. 28:34(C) and 36(B)
7 and R.S. 40:2006(A)(2)(e), (E)(2)(e), and 2107(A), relative to license fees for
8 healthcare facilities and providers licensed by the Department of Health and
9 Hospitals; to increase license fees for certain facilities and providers; to increase
10 additional bed fees for certain facilities and providers; and to provide for related
11 matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 28:35(B) is hereby amended and reenacted to read as follows:
14 §35. License issuance; application; on-site inspection
15 * * *
16 B. Each application for licensure shall be accompanied by a nonrefundable
17 license fee in the amount set by the licensing agency in accordance with R.S. 28:34
18 R.S. 40:2006.
19 * * *
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1 Section 2. R.S. 40:1135.4, 2006(A)(1), (2)(introductory paragraph), (c), (i), and (k),
2(B)(1), (2)(introductory paragraph), (c), and (d), (C), (E)(1), (2)(introductory paragraph), (i),
3and (j), 2120.4(D), 2120.34(F), 2139(A), 2166.5(C), and 2198.13 are hereby amended and
4reenacted and R.S. 40:2006(A)(2)(r) through (y), (B)(2)(i) through (m), (E)(2)(t) through (x),
5and (F) are hereby enacted to read as follows:
6 §1135.4. Ambulance services; fees
7 Any person, partnership, corporation, unincorporated association, or other
8 legal entity currently operating or planning to operate an ambulance service shall pay
9 the following fees to the department, as applicable:
10 (1) An initial licensing fee of one hundred fifty dollars, to be submitted with
11 the initial application for a license.
12 (2) An annual license renewal fee of one hundred dollars, to be submitted
13 with each annual application for renewal of a license.
14 (3) A delinquent fee of one hundred dollars for failure to timely pay an
15 annual license renewal fee. Such delinquent fee shall be assessed and shall become
16 due and payable at 12:01 a.m. on the thirty-sixth day following the date of the
17 invoice by which the department bills the applicant or licensee for the annual license
18 renewal fee.
19 (4) A a vehicle inspection fee of seventy-five dollars for each ambulance or
20 emergency medical response vehicle, which shall be submitted with the initial
21 application for a license, with each annual application for renewal of a license, and
22 with each application for a permit for a vehicle added to service by the applicant.
23 (5) A delinquent fee of one hundred dollars for each ambulance and
24 emergency medical response vehicle, for failure to timely pay a vehicle inspection
25 fee. Such delinquent fee shall be assessed and shall become due and payable at
26 12:01 a.m. on the thirty-sixth day following the date of the invoice by which the
27 department bills the applicant or licensee for the vehicle inspection fee.
28 (6) A change of address fee of ten dollars for each change of address.
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1 (7) A duplicate license fee of ten dollars for each duplicate license.
2 * * *
3 §2006. Fees; licenses; penalties
4 A.(1) Any person, partnership, corporation, unincorporated association, or
5 other legal entity, currently operating or planning to operate any of the facilities
6 listed in this Subsection shall be assessed a fee not to exceed six hundred one
7 thousand dollars, payable to the Department of Health and Hospitals, at the time an
8 application is made to the department, and once a year thereafter for renewal of the
9 license. This fee is for application and renewal of a license only, and is in addition
10 to any other fees that may be assessed according to the laws, rules, regulations, and
11 standards that are applicable to the individual facilities.
12 (2) This Subsection shall apply to any of the following licensed facilities and
13 providers:
14 * * *
15 (c) Ambulatory surgery surgical center.
16 * * *
17 (i) Nursing home facility.
18 * * *
19 (k) Intermediate care facility for people with developmental disabilities
20 (ICF/DD) individuals with intellectual disabilities (ICF/IID).
21 * * *
22 (r) Pain management clinic.
23 (s) Therapeutic group home.
24 (t) Crisis receiving center.
25 (u) Adult brain injury facility.
26 (v) Forensic supervised transitional residential and aftercare facility.
27 (w) Ambulance service.
28 (x) Adult residential care provider.
29 (y) Home- and community-based service provider.
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1 B.(1) Any person, partnership, corporation, unincorporated association, or
2 other legal entity currently operating or planning to operate any of the facilities listed
3 in this Subsection shall be assessed an additional application and renewal fee not to
4 exceed five ten dollars per unit bed, payable to the Department of Health and
5 Hospitals, at the time the application or application for renewal of the license
6 required in Subsection A of this Section is made, where applicable. For purposes of
7 this Subsection, "unit" means a room or "bed" means a bed or a station.
8 (2) This Subsection shall apply to any of the following licensed facilities and
9 providers:
10 * * *
11 (c) Nursing home facility.
12 (d) Intermediate care facility for people with developmental disabilities
13 (ICF/DD) individuals with intellectual disabilities (ICF/IID).
14 * * *
15 (i) Adult residential care provider.
16 (j) Therapeutic group home.
17 (k) Forensic supervised transitional residential and aftercare facility.
18 (l) Adult brain injury facility.
19 (m) Crisis receiving center.
20 C. Any person, partnership, corporation, unincorporated association, or other
21 legal entity currently operating or planning to operate a satellite, branch, or offsite
22 office, as permitted in the laws, rules, regulations, and standards that are applicable
23 to the individual facilities and are licensed or registered by the Department of Health
24 and Hospitals shall be assessed a fee not to exceed three four hundred dollars per
25 subsidiary license or registration, payable to the Department of Health and Hospitals.
26 This fee shall be assessed at the time application is made for the satellite, branch, or
27 offsite office, and once a year thereafter for renewal of the subsidiary license or
28 registration. This fee is for application and renewal of a subsidiary license or
29 registration only, and is in addition to any other fees that may be assessed according
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1 to the laws, rules, regulations, and standards that are applicable to the individual
2 facilities.
3 * * *
4 E.(1) Any person, partnership, corporation, unincorporated association, or
5 other legal entity, currently operating or planning to operate any of the facilities
6 listed in this Subsection, and who is licensed by the Department of Health and
7 Hospitals shall be assessed a delinquent fee of one hundred dollars for failure to
8 timely renew its license and/or or any subsidiary license or registration. This fee
9 shall be in addition to any renewal or other fee applicable according to the laws,
10 rules, regulations, and standards that are applicable to the individual facilities. The
11 delinquent fee described in this Subsection shall be assessed and shall become due
12 and payable to the Department of Health and Hospitals at 12:01 a.m. on the first day
13 following the expiration date of the license or subsidiary license or registration.
14 (2) This Subsection shall apply to any of the following licensed facilities and
15 providers:
16 * * *
17 (i) Nursing home facility.
18 (j) Intermediate care facility for people with developmental disabilities
19 (ICF/DD) individuals with intellectual disabilities (ICF/IID).
20 * * *
21 (t) Crisis receiving center.
22 (u) Adult residential care provider.
23 (v) Therapeutic group home.
24 (w) Forensic supervised transitional residential and aftercare facility.
25 (x) Ambulance service.
26 F. Each state-owned facility shall be exempt from fees for application for
27 and renewal of a license.
28 * * *
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1 §2120.4. Rules and regulations; licensing standards
2 * * *
3 D. The secretary of the department is further authorized to set and collect
4 fees for the licensure of home- and community-based service providers pursuant to
5 the provisions of R.S. 40:2006; however, no fees shall be collected from any council
6 on aging pursuant to this Section. The license fees shall not exceed the cost of
7 licensure and shall not exceed the following:
8 (1) Six hundred dollars per year for the base license for home- and
9 community-based service providers who provide in-home services.
10 (2) An additional two hundred dollars per year for home- and
11 community-based service providers who provide adult day care services.
12 (3) An additional two hundred dollars per year for home- and
13 community-based service providers who provide out-of-home respite care.
14 * * *
15 §2120.34. Licensing; applications; provisional licenses; fees
16 * * *
17 F. There shall be an annual initial license fee and an annual license renewal
18 fee to be set collected by the department not to exceed two hundred fifty dollars in
19 accordance with the provisions of R.S. 40:2006 for any license issued in accordance
20 with the provisions of this Part. Monies collected for annual fees shall be used for
21 the investigation and enforcement of the provisions of this Part.
22 * * *
23 §2139. Fees and limitations
24 A. The application by any person for a license or renewal of a license to
25 operate an ambulatory surgical center shall be accompanied by a fee of five hundred
26 dollars authorized by R.S. 40:2006 which is hereby levied as the license fee for
27 operation of an ambulatory surgical center for a period of one year; provided
28 ambulatory surgical centers subject to the licensing requirements of this Part which
29 are owned and operated by the state of Louisiana shall be exempt from payment of
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1 the fees stipulated in this Section. The fees herein levied and collected shall be paid
2 into the general fund.
3 * * *
4 §2166.5. Rules and regulations; licensing standards; fees
5 * * *
6 C. The secretary of the department is further authorized to set and collect
7 fees and fines for the licensure of adult residential care providers as follows: in
8 accordance with the provisions of R.S. 40:2006.
9 (1) Each adult residential care provider shall be assessed a fee not to exceed
10 six hundred dollars, payable to the department, at the time an application is made to
11 the department, and once a year thereafter for renewal of license. This fee is for
12 application and renewal of a license only.
13 (2) Each adult residential care provider shall be assessed an additional
14 application and renewal fee not to exceed five dollars per unit, payable to the
15 department, at the time the application or application for renewal of the license is
16 made. For purposes of Subsection C of this Section, "unit" means room or station.
17 (3) An adult residential care provider shall be assessed a delinquent fee of
18 one hundred dollars for failure to timely renew its license. This delinquent fee shall
19 be assessed and shall become due and payable to the department at 12:01 a.m. on the
20 first day following the expiration date of the license.
21 (4) Effective July 1, 2010, an adult residential care provider which had
22 previously been licensed by the Department of Children and Family Services as an
23 adult residential care home as of June 30, 2010, shall continue to pay the existing fee
24 of two hundred fifty dollars for license renewal. The license fee shall be due once
25 a year for renewal of license.
26 (5) Effective July 1, 2010, an adult residential care provider which had
27 previously been licensed by the Department of Children and Family Services as an
28 adult residential care home as of June 30, 2010, which operates without a valid
29 license or which operates in violation of state law or department regulations shall be
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1 fined by the department in accordance with the existing schedule of fines and
2 enforcement procedures promulgated by rules of the department, not to exceed two
3 hundred fifty dollars for each day of such offense.
4 * * *
5 §2198.13. Annual fee; use of proceeds
6 There shall be an annual initial license fee and an annual license renewal fee
7 to be set collected by the department not to exceed one thousand dollars in
8 accordance with the provisions of R.S. 40:2006 for any license issued in accordance
9 with the provisions of this Part. Monies collected for annual fees shall be used for
10 the investigation and enforcement of the provisions of this Part.
11 Section 3. R.S. 28:34(C) and 36(B) and R.S. 40:2006(A)(2)(e), (E)(2)(e), and
122107(A) are hereby repealed in their entirety.
13 Section 4. This Act shall become effective upon signature by the governor or, if not
14signed by the governor, upon expiration of the time for bills to become law without signature
15by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
16vetoed by the governor and subsequently approved by the legislature, this Act shall become
17effective on the day following such approval.
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)]
HB 699 Original 2016 Regular Session Stokes
Abstract: Increases license fees and additional bed fees assessed by the Department of
Health and Hospitals (DHH) on healthcare facilities and providers.
Proposed law repeals present law providing that any entity currently operating or planning
to operate an ambulance service shall pay an initial licensing fee, an annual license renewal
fee, a delinquent fee for failure to pay a license fee timely, a delinquent fee for failure to pay
a vehicle inspection fee timely, a change of address fee, and a duplicate license fee.
Proposed law retains present law providing that any entity currently operating or planning
to operate an ambulance service shall pay a vehicle inspection fee.
Proposed law increases the licensure fee provided in present law from $600 to $1,000,
payable to DHH, for the following facilities and providers: Adult day health care facilities;
behavioral health services providers; ambulatory surgery centers; case management
providers; home health agencies; hospices; hospitals; nursing facilities; rural health clinics;
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intermediate care facilities for individuals with intellectual disabilities (ICF/IID); end stage
renal disease facilities; outpatient abortion facilities; psychiatric residential treatment
facilities; children's respite care centers; pediatric day healthcare facilities.
Proposed law institutes a licensure fee of $1,000 for the following facilities and providers:
Pain management clinics; therapeutic group homes; crisis receiving centers; adult brain
injury facilities; forensic supervised transitional residential and aftercare facilities;
ambulance services; adult residential care providers; home- and community-based service
providers.
Proposed law increases the additional fee per bed provided in present law from $5 to $10,
payable to DHH, for the following facilities and providers: Hospices; hospitals; nursing
homes; intermediate care facilities for individuals with intellectual disabilities (ICF/IID);
behavioral health services providers; psychiatric residential treatment facilities; children's
respite care centers; end stage renal disease facilities.
Proposed law institutes an additional fee per bed of $10 for the following facilities and
providers: Adult residential care providers; therapeutic group home; forensic supervised
transitional residential and aftercare facility; adult brain injury facilities; crisis receiving
centers.
Proposed law exempts state-owned health facilities from fees for applications for and
renewal of licenses.
Proposed law makes technical and conforming changes in present law to address the
increased fee amounts provided in proposed law.
(Amends R.S. 28:35(B), R.S. 40:1135.4, 2006(A)(1), (2)(intro. para.), (c), (i), and (k),
(B)(1), (2)(intro. para.), (c), and (d), (C), (E)(1), (2)(intro. para.), (i), and (j), 2120.4(D),
2120.34(F), 2139(A), 2166.5(C), and 2198.13; Adds R.S. 40:2006(A)(2)(r) - (y), (B)(2)(i) -
(m), (E)(2)(t) - (x), and (F); Repeals R.S. 28:34(C) and 36(B) and R.S. 40:2006(A)(2)(e),
(E)(2)(e), and 2107(A))
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