Louisiana Revised Statutes 40:2120.47 – Moratorium; exceptions
Terms Used In Louisiana Revised Statutes 40:2120.47
- Adult day health care: means a medical model adult day health care program designed to provide services for medical, nursing, social, care management, and personal care needs to adults who are functionally impaired. See Louisiana Revised Statutes 40:2120.42
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2120.42
- provider: means any place owned or operated for profit or nonprofit by a person, society, agency, corporation, institution, or any other group wherein two or more functionally impaired adults who are not related to the owner or operator of such agency are provided with adult day health care services, as defined in this Section. See Louisiana Revised Statutes 40:2120.42
A. The department shall implement a moratorium on adult health care providers enrolled in the Title XIX program. Under this moratorium, the department shall not approve or enroll any new or additional adult day health care providers into the Title XIX program, except as provided in Subsection B. This moratorium shall become enforceable on August 15, 2006, and shall remain in effect until July 1, 2008.
B. If the department determines that there is a need for new or additional adult day health care providers in a certain geographic location, the department may approve and enroll a new or additional adult day health care provider into the Title XIX program. The department shall promulgate and publish rules in accordance with the Administrative Procedure Act to provide for the following:
(1) Criteria and processes for determining whether such a need exists.
(2) Procedures for selecting an adult day health care provider to be approved and enrolled into the Title XIX program once a need has been determined.
(3) Other such rules or regulations as necessary for the efficiency and effectiveness of approval or enrollment of adult day health care providers into the Title XIX program.
Acts 2006, No. 637, §1, eff. June 23, 2006; Acts 2018, No. 206, §4.