GREEN SHEET REDIGEST
HB 402 2017 Regular Session Havard
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
MENTAL HEALTH. Provides for licensure and regulation of community-based care
facilities.
DIGEST
Proposed law provides that it may be cited as the "Community-Based Care Facility Licensing
Law".
Proposed law presents findings and declarations concerning the necessity of appropriate care
and treatment for persons with mental illness.
Proposed law provides that its purpose is to authorize the La. Department of Health (LDH)
to promulgate and adopt rules, regulations, and standards to license and regulate facilities to
be operated as community-based care facilities in order to provide for the health, safety, and
welfare of persons receiving mental health services.
Proposed law defines "community-based care facility" as a facility where five or more adults
with a primary diagnosis of mental illness who are not related to the operator or administrator
and who do not require care above intermediate-level nursing care reside and receive care,
treatment, or services that are above the level of room and board and include no more than
three hours of nursing care per week per resident.
Proposed law requires each community-based care facility to be licensed in accordance with
the requirements of proposed law. Specifically provides that community-based care facilities
shall not be subject to requirements of present law for licensure and regulation as behavioral
health services providers (R.S. 40:2151 et seq.).
Proposed law stipulates that no facility, agency, institution, person, society, corporation,
partnership, unincorporated association, group, or other legal entity providing
community-based care services may be established, operated, or reimbursed through the
Medicaid program unless licensed as a community-based care facility by LDH.
Proposed law provides that a license issued to a community-based care facility shall be
issued only for the owner and premises named in the application; shall be on a form
prescribed by LDH; shall be valid for a 12-month period beginning the month of issuance
unless revoked or otherwise suspended prior to that date; and shall not be transferable or
assignable.
Proposed law requires LDH to adopt rules, regulations, and licensing standards in accordance
with the Administrative Procedure Act to provide for the licensure of community-based care
facilities. Provides that such rules, regulations, and licensing standards shall include, without
limitation, all of the following:
(1)Licensure application and renewal application forms, procedures, and requirements.
(2)Operational and personnel requirements.
(3)Practice standards to assure quality of care.
(4)Practice standards to assure the health, safety, and welfare of clients.
(5)Confidentiality of client records.
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Prepared by Christine Arbo Peck. (6)Initial and annual renewal of license.
(7)Financial viability requirements and requirements for verification and continuous
maintenance of financial viability.
(8)Denial, revocation, suspension, and nonrenewal of licenses, and procedures for
appeals of such decisions.
(9)Facility construction and design.
(10)Other regulations or standards to ensure proper care and treatment of clients.
Proposed law applies to community-based care facilities all of the following fees established
in present law for licensed healthcare facilities and providers and payable to LDH:
(1)A fee of $600 at the time of initial application for licensure and annually thereafter
for renewal of the license.
(2)An additional fee of $5 per unit, defined to mean a room or station (commonly
known as a "bed fee").
(3)A delinquent fee of $100 for failure to timely renew a license.
Proposed law provides that following receipt of a license application and the required fee,
LDH shall perform an onsite survey and inspection, and shall issue a license to the applicant
if it finds that the applicant meets all applicable licensure requirements. Provides that LDH
may perform another onsite survey and inspection after receiving an annual license renewal
application, and shall renew the facility's license if the facility continues to meet all
applicable licensure requirements. Provides further that LDH may perform any onsite
inspections of community-based care facilities at reasonable times as necessary to ensure
compliance with proposed law.
Proposed law authorizes LDH to license community-based care facilities which propose to
operate in one or more state-owned residential buildings. Requires the secretary of LDH to
direct department staff to cooperate with and give assistance to any applicant who seeks to
operate a community-based care facility in one or more state-owned residential buildings and
is otherwise qualified for licensure pursuant to present law.
Proposed law requires approval by the Centers for Medicare and Medicaid Services and the
Joint Legislative Committee on the Budget prior to implementation of the program.
(Adds R.S. 40:2006(A)(2)(r), (B)(2)(i), and (E)(2)(t), 2154(A)(19), and 2162.1-2162.8)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
reengrossed bill
1. Adds a requirement that the Centers for Medicare and Medicaid Services and the
Joint Legislative Committee on the Budget must approve the program prior to
implementation.
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Prepared by Christine Arbo Peck.