HLS 18RS-806 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 681
BY REPRESENTATIVE LEGER
FEES/LICENSES/PERMITS: Revises license fee amounts for facilities and providers
licensed by the Louisiana Department of Health
1 AN ACT
2TToo amend and reenact R.S. 28:35(B) and R.S. 40:1135.4, 1135.8(E)(2), 1135.11, 2006(A)(1)
3 and (2)(introductory paragraph) and (c), (B)(1) and (2)(introductory paragraph), (C),
4 (E)(1) and (2)introductory paragraph) and (c), 2120.4(D), 2120.34(F), 2139(A), and
5 2166.5(C), to enact R.S. 40:2006(A)(2)(s) through (w), (B)(2)(j) through (n),
6 (E)(2)(u) through (w), (F), and (G), and 2166.5(D), and to repeal R.S. 28:34(C) and
7 36(B) and R.S. 40:2006(A)(2)(e) and (E)(2)(e) and 2107(A), relative to fees assessed
8 on healthcare facilities and providers licensed by the Louisiana Department of
9 Health; to increase license fees for certain facilities and providers; to establish bed
10 fees for certain licensed facilities; and to provide for related matters.
11Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 28:35(B) is hereby amended and reenacted to read as follows:
13 §35. License issuance; application; on-site inspection
14 * * *
15 B. Each application for licensure and annual license renewal shall be
16 accompanied by a nonrefundable license fees fees in the amounts amounts set by the
17 licensing agency established in accordance with R.S. 28:34 40:2006.
18 * * *
19 Section 2. R.S. 40:1135.4, 1135.8(E)(2), 1135.11, 2006(A)(1) and (2)(introductory
20paragraph) and (c), (B)(1) and (2)(introductory paragraph), (C), (E)(1) and (2)introductory
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1paragraph) and (c), 2120.4(D), 2120.34(F), 2139(A), and 2166.5(C) are hereby amended and
2reenacted and R.S. 40:2006(A)(2)(s) through (w), (B)(2)(j) through (n), (E)(2)(u) through
3(w), (F), and (G), and 2166.5(D) are hereby enacted to read as follows:
4 §1135.4. Ambulance services; fees
5 Any person, partnership, corporation, unincorporated association, or other
6 legal entity currently operating or planning to operate an ambulance service shall pay
7 the following fees to the department, as applicable:
8 (1) An initial licensing fee of one hundred fifty five hundred dollars, to be
9 submitted with the initial application for a license.
10 (2) An annual license renewal fee of one hundred five hundred dollars, to be
11 submitted with each annual application for renewal of a license.
12 (3) A delinquent fee of one hundred dollars for failure to timely pay an
13 annual license renewal fee. Such delinquent fee shall be assessed and shall become
14 due and payable at 12:01 a.m. on the thirty-sixth day following the date of the
15 invoice by which the department bills the applicant or licensee for the annual license
16 renewal fee first day following the expiration of the license.
17 (4) A vehicle inspection fee of seventy-five dollars for each ambulance or
18 emergency medical response vehicle, which shall be submitted with the initial
19 application for a license, with each annual application for renewal of a license, and
20 with each application for a permit for a vehicle added to service by the applicant.
21 (5) A delinquent fee of one hundred dollars for each ambulance and
22 emergency medical response vehicle, for failure to timely pay a vehicle inspection
23 fee. Such delinquent fee shall be assessed and shall become due and payable at
24 12:01 a.m. on the thirty-sixth day following the date of the invoice by which the
25 department bills the applicant or licensee for the vehicle inspection fee.
26 (6)(5) A change of address fee of ten dollars for each change of address.
27 (7)(6) A duplicate license fee of ten fifty dollars for each duplicate license.
28 * * *
29 §1135.8. Air ambulance services; licensure
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1 E. In order to renew a license for an air ambulance service, the applicant
2 shall:
3 * * *
4 (2) Submit the appropriate fee license fees as provided herein in Subsection
5 B in this Part.
6 * * *
7 §1135.11. Air ambulance services; fees
8 Any person, partnership, corporation, unincorporated association, or other
9 legal entity, currently operating or planning to operate an air ambulance service shall
10 pay the following fees to the department, as applicable:
11 (1) An initial licensing fee of one hundred fifty five hundred dollars, which
12 shall be submitted with the initial application for a license.
13 (2) An annual license renewal fee of one hundred five hundred dollars,
14 which shall be submitted with each annual application for renewal of a license.
15 (3) A delinquent fee of one hundred dollars for failure to timely pay an
16 annual license renewal fee. Such delinquent fee shall be assessed and shall become
17 due and payable at 12:01 a.m. on the thirty-sixth day following the date of the
18 invoice by which the department bills the applicant or licensee for the annual license
19 renewal fee first day following the expiration of the license.
20 (4) An aircraft inspection fee of seventy-five dollars for each aircraft, which
21 shall be submitted with the initial application for a license, with each annual
22 application for renewal of a license, and with each application for a permit for an
23 aircraft added to the service by the applicant.
24 (5) A delinquent fee of twenty-five dollars for each aircraft for failure to
25 timely pay an aircraft inspection fee. Such delinquent fee shall be assessed and shall
26 become due and payable at 12:01 a.m. on the thirty-sixth day following the date of
27 the invoice by which the department bills the applicant or licensee for the aircraft
28 inspection fee.
29 (6)(5) A change of address fee of ten dollars for each change of address.
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1 (7)(6) A duplicate license fee of ten fifty 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 facility or provider listed in this Subsection shall be assessed a fee not to exceed six
7 hundred dollars, payable to the Louisiana Department of Health, 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 and providers. The fee is set
12 as follows:
13 (a) For a facility or provider that is licensed by the Louisiana Department of
14 Health as of December 31, 2018, the annual licensing fee shall be as follows:
15 (i) Seven hundred dollars per year for a license issued or renewed on or after
16 January 1, 2019 and before January 1, 2020.
17 (ii) Eight hundred dollars per year for a license issued or renewed on or after
18 January 1, 2020 and before January 1, 2021.
19 (iii) Nine hundred dollars per year for a license issued or renewed on or after
20 January 1, 2021 and before January 1, 2022.
21 (iv) One thousand dollars per year for a license issued or renewed on or after
22 January 1, 2022.
23 (b)(i) For a new facility or provider that is initially licensed after December
24 31, 2018, the annual license fee shall be one thousand dollars per year.
25 (ii) The license fee requirement provided in this Subparagraph shall apply
26 to each facility, provider, or entity which undergoes a chance of ownership after
27 December 31, 2018.
28 (2) This Subsection shall apply to any each of the following licensed
29 facilities and providers:
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1 * * *
2 (c) Ambulatory surgery surgical center.
3 * * *
4 (s) Therapeutic group home.
5 (t) Crisis receiving center.
6 (u) Adult brain injury facility.
7 (v) Forensic supervised transitional residential and aftercare facility.
8 (w) Home-and-community-based service provider.
9 B.(1) Any person, partnership, corporation, unincorporated association, or
10 other legal entity currently operating or planning to operate any of the facilities listed
11 in this Subsection shall be assessed an additional application and renewal fee not to
12 exceed five dollars per unit bed, payable to the Louisiana Department of Health, at
13 the time the application or application for renewal of the license required in
14 Subsection A of this Section is made, where applicable. For purposes of this
15 Subsection, "unit" means a room "bed" means a licensed bed or station.
16 (2) This Subsection shall apply to any each of the following licensed
17 facilities or providers:
18 * * *
19 (j) Therapeutic group home.
20 (k) Crisis receiving center.
21 (l) Adult brain injury facility.
22 (m) Forensic supervised transitional residential and aftercare facility.
23 (n) Home-and community-based service provider.
24 C. Any person, partnership, corporation, unincorporated association, or other
25 legal entity currently operating or planning to operate a satellite, branch, or offsite
26 office, as permitted in the laws, rules, regulations, and standards that are applicable
27 to the individual facilities and are licensed or registered by the Louisiana Department
28 of Health shall be assessed a fee not to exceed three four hundred dollars per
29 subsidiary license or registration, payable to the Louisiana Department of Health.
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1 This fee shall be assessed at the time application is made for the satellite, branch, or
2 offsite office, and once a year thereafter for renewal of the subsidiary license or
3 registration. This fee is for application and renewal of a subsidiary license or
4 registration only, and is in addition to any other fees that may be assessed according
5 to the laws, rules, regulations, and standards that are applicable to the individual
6 facilities.
7 * * *
8 E.(1) Any person, partnership, corporation, unincorporated association, or
9 other legal entity, currently operating or planning to operate any of the facilities
10 listed in this Subsection, and who is licensed by the Louisiana Department of Health
11 shall be assessed a delinquent fee of one hundred dollars for failure to timely renew
12 its license and/or or any subsidiary license or registration. This fee shall be in
13 addition to any renewal or other fee applicable according to the laws, rules,
14 regulations, and standards that are applicable to the individual facilities. The
15 delinquent fee described in this Subsection shall be assessed and shall become due
16 and payable to the Louisiana Department of Health at 12:01 a.m. on the first day
17 following the expiration date of the license or subsidiary license or registration.
18 (2) This Subsection shall apply to any each of the following licensed
19 facilities and providers:
20 * * *
21 (c) Ambulatory surgery surgical center.
22 * * *
23 (u) Crisis receiving center.
24 (v) Therapeutic group home.
25 (w) Forensic supervised transitional residential and aftercare facility.
26 F. Each state-owned facility shall be exempt from fees for application and
27 renewal of a license.
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1 G. The secretary of the Louisiana Department of Health is authorized to
2 assess a fee of fifty dollars for the issuance of a duplicate license to any facility or
3 provider listed in this Section.
4 * * *
5 §2120.4. Rules and regulations; licensing standards
6 * * *
7 D. The secretary of the department is further authorized to set and collect
8 fees for the licensure of home- and community-based service providers pursuant to
9 the provisions of R.S. 40:2006; however, no fees shall be collected from any council
10 on aging pursuant to this Section. The license fees shall not exceed the cost of
11 licensure and shall not exceed the following:
12 (1) Six hundred dollars per year for the base license for home- and
13 community-based service providers who provide in-home services.
14 (2) An additional two hundred dollars per year for home- and
15 community-based service providers who provide adult day care services.
16 (3) An additional two hundred dollars per year for home- and
17 community-based service providers who provide out-of-home respite care.
18 * * *
19 §2120.34. Licensing; applications; provisional licenses; fees
20 F. There shall be an annual license fee to be set by the department not to
21 exceed two hundred fifty dollars for any license issued in accordance with the
22 provisions of this Part. The secretary of the Louisiana Department of Health shall
23 collect fees for the licensure of adult brain injury facilities pursuant to the provisions
24 of R.S. 40:2006. Monies collected for annual fees shall be used for the investigation
25 and enforcement of the provisions of this Part.
26 * * *
27 §2139. Fees and limitations
28 A. The application by any person for a license or renewal of a license to
29 operate an ambulatory surgical center shall be accompanied by a fee of five hundred
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1 dollars the applicable fee authorized by R.S. 40:2006, which is hereby levied as the
2 license fee for operation of an ambulatory surgical center for a period of one year;
3 provided ambulatory surgical centers subject to the licensing requirements of this
4 Part which are owned and operated by the state of Louisiana shall be exempt from
5 payment of the fees stipulated in this Section. The fees herein levied and collected
6 shall be paid into the general fund.
7 * * *
8 §2166.5. Rules and regulations; licensing standards; fees
9 * * *
10 C. The secretary of the department is further authorized to set and collect
11 fees and fines for the licensure of adult residential care providers as follows:
12 (1) Each adult residential care provider shall be assessed a fee not to exceed
13 six five hundred dollars, payable to the department, at the time an application is
14 made to the department, and once a year thereafter for renewal of license. This fee
15 is for application and renewal of a license only.
16 (2) Each adult residential care provider shall be assessed an additional
17 application and renewal fee not to exceed five dollars per unit, payable to the
18 department, at the time the application or application for renewal of the license is
19 made. For purposes of Subsection C of this Section this Subsection, "unit" means
20 room or station the licensed capacity for the adult residential care provider.
21 (3) An adult residential care provider shall be assessed a delinquent fee of
22 one hundred dollars for failure to timely renew its license. This delinquent fee shall
23 be assessed and shall become due and payable to the department at 12:01 a.m. on the
24 first day following the expiration date of the license.
25 (4) Effective July 1, 2010, an adult residential care provider which had
26 previously been licensed by the Department of Children and Family Services as an
27 adult residential care home as of June 30, 2010, shall continue to pay the existing fee
28 of two hundred fifty dollars for license renewal. The license fee shall be due once
29 a year for renewal of license.
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1 (5) Effective July 1, 2010, an adult residential care provider which had
2 previously been licensed by the Department of Children and Family Services as an
3 adult residential care home as of June 30, 2010, which operates without a valid
4 license or which operates in violation of state law or department regulations shall be
5 fined by the department in accordance with the existing schedule of fines and
6 enforcement procedures promulgated by rules of the department, not to exceed two
7 hundred fifty dollars for each day of such offense.
8 D.(1) The department shall assess upon each adult residential care provider
9 a survey fee not to exceed one thousand dollars for any complaint survey conducted
10 by the department through which deficiencies are substantiated. This survey fee shall
11 be imposed only after the adult residential care provider has completed the
12 administrative appeals process which has upheld the deficiencies, or the time for
13 filing such administrative appeal has expired.
14 (2) The amount of the survey fee provided for in this Subsection shall not
15 exceed the cost of performing the survey, and shall be in addition to any other fines,
16 fees, penalties, or other sanctions to which the adult residential care provider may be
17 subject.
18 Section 3. R.S. 28:34(C) and 36(B) and R.S. 40:2006(A)(2)(e) and (E)(2)(e) and
192107(A) are hereby repealed in their entirety.
20 Section 4. This Act shall become effective on January 1, 2019
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 681 Original 2018 Regular Session Leger
Abstract: Increases license fees assessed by the La. Dept. of Health (LDH) on health
facilities and providers; subjects additional types of providers to initial license,
license renewal, and bed fees.
Proposed law makes the following revisions to present law relative to licensing fees for
ambulance services and air ambulance services:
(1) Increases the initial licensing fee from $150 to $500.
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(2) Increases the annual license renewal fee from $150 to $500.
(3) Deletes a requirement that a delinquent fee of $100 for failure to timely pay an
annual license renewal fee be assessed and become due and payable at 12:01 a.m. on
the 36th day following the date of the invoice by which the department bills the
applicant or licensee for the annual license renewal fee. Inserts in lieu thereof a
requirement that this $100 fee be assessed and become due and payable at 12:01 a.m.
on the first day following the expiration of the license.
(4) Deletes a requirement that ambulance services pay a delinquent fee of $100 per
ambulance and emergency medical response vehicle for failure to timely pay a
vehicle inspection fee.
(5) Deletes a requirement that air ambulance services pay a delinquent fee of $25 per
aircraft for failure to timely pay an aircraft inspection fee.
Present law authorizes initial licensure and annual license renewal fees not to exceed $600,
payable to LDH, for the following facilities and providers: Adult day health care facilities;
behavioral health services providers; ambulatory surgical centers; case management
providers; urine drug screening providers; home health agencies; hospices; hospitals; nursing
homes; rural health clinics; intermediate care facilities for people with developmental
disabilities (ICF/DD); end stage renal disease facilities; outpatient abortion facilities;
psychiatric residential treatment facilities; children's respite care centers; pediatric day
healthcare facilities.
Proposed law repeals present law authorizing assessment of initial licensure and annual
license renewal fees for urine drug screening providers. For all other facilities and providers,
proposed law revises present law to provide that initial licensure and annual license renewal
fees shall be set as follows:
(1) For a facility or provider that is licensed as of Dec. 31, 2018, the annual licensing
fee shall be as follows:
(a) $700 per year for a license issued or renewed on or after Jan. 1, 2019 and before
Jan. 1, 2020.
(b) $800 per year for a license issued or renewed on or after Jan. 1, 2020 and before
Jan. 1, 2021.
(c) $900 per year for a license issued or renewed on or after Jan. 1, 2021 and before
Jan. 1, 2022.
(d) $1,000 per year for a license issued or renewed on or after Jan. 1, 2022.
(2) For a new facility or provider that is initially licensed after Dec. 31, 2018, the
annual license fee shall be $1,000 per year. Provides that this fee shall apply to each
facility, provider, or entity which undergoes a change of ownership after
Dec. 31, 2018.
Proposed law provides that the fee schedule above for initial licensure and annual license
renewal shall also apply to the following facilities and providers:
(1) Therapeutic group homes.
(2) Crisis receiving centers.
(3) Adult brain injury facilities.
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(4) Forensic supervised transitional residential and aftercare facilities.
(5) Home- and community-based service providers.
Present law provides that at the time of initial licensure or annual license renewal, any entity
currently operating or planning to operate any one of the following healthcare facilities shall
be assessed an additional application and renewal fee not to exceed $5 per unit (defined as
a room or station), payable to LDH: Hospices; hospitals; nursing homes; intermediate care
facilities for people with developmental disabilities; behavioral health services providers;
psychiatric residential treatment facilities; children's respite care centers; end stage renal
disease facilities.
Proposed law revises present law to provide that the additional fee shall be per bed. Provides
that for purposes of proposed law, "bed" means a licensed bed or station. Extends
applicability of the additional fee per bed to the following facilities:
(1) Therapeutic group homes.
(2) Crisis receiving centers.
(3) Adult brain injury facilities.
(4) Forensic supervised transitional residential and aftercare facilities.
(5) Home- and community-based service providers.
Present law provides that any entity currently operating or planning to operate a satellite,
branch, or offsite office of a healthcare facility licensed by LDH shall be assessed a fee not
to exceed $300 per subsidiary license or registration, payable to LDH. Proposed law
increases this fee to $400.
Present law provides that any entity currently operating or planning to operate any one of
the following licensed facilities or providers shall be assessed a delinquent fee of $100 for
failure to timely renew its license or any subsidiary license: Adult day health care facility;
behavioral health services provider; ambulatory surgical center; case management provider;
urine drug screening provider; home health agency; hospice; hospital; nursing home;
intermediate care facility for people with developmental disabilities; end stage renal disease
facility; outpatient abortion facility; rural health clinic; psychiatric residential treatment
facility; children's respite care center; pediatric day health care facility; home- and
community-based service provider; adult brain injury facility; pain management clinic.
Proposed law repeals present law authorizing assessment of the delinquent fee on urine drug
screening providers, and extends applicability of the delinquent fee to the following
facilities:
(1) Therapeutic group homes.
(2) Crisis receiving centers.
(3) Forensic supervised transitional residential and aftercare facilities.
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 reflect the fee
amounts provided in proposed law.
Effective Jan. 1, 2019.
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HB NO. 681
(Amends R.S. 28:35(B) and R.S. 40:1135.4, 1135.8(E)(2), 1135.11, 2006(A)(1) and
(2)(intro. para.) and (c), (B)(1) and (2)(intro. para.), (C), and (E)(1) and (2)(intro. para.) and
(c), 2120.4(D), 2120.34(F), 2139(A), 2166.5(C); Adds R.S. 40:2006(A)(2)(s)-(w),
(B)(2)(j)-(n), (E)(2)(u)-(w), (F), and (G) and 2166.5(D); Repeals R.S. 28:34(C) and 36(B)
and R.S. 40:2006(A)(2)(e) and (E)(2)(e) and 2107(A))
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