§2180.2. Promulgation of rules

The department shall promulgate, in accordance with the Administrative Procedure Act, licensing standards, rules, and regulations, regarding, but not limited to the following:

(1) Licensure application procedures and requirements.

(2) Operational and personnel requirements.

(3) Practice standards to assure quality of supports and services.

(4) Survey and complaint investigations.

(5) Initial and annual renewal of license investigations.

(6) Issuance of a provisional license.

(7) Denial, revocation, and non-renewal of licenses and the appeals thereof.

(8) Planning, construction and design to ensure the health, safety, and comfort of persons receiving services.

(9) Such other regulations of standards as will ensure proper care and treatment as may be deemed necessary for an effective administration of this Part.

(10) The establishment of new or replacement facilities or reestablishment of facilities that have sustained substantial structural damage from a hurricane or substantial structural damage from flooding which are located in areas subject to hurricanes, tidal surges, or flooding. An architect or civil engineer registered in the state shall determine whether a facility has sustained substantial structural damage from a hurricane or substantial structural damage from flooding in accordance with the Louisiana State Uniform Construction Code. The regulations adopted by the department shall include but not be limited to:

(a) Requirements of building and construction codes and guidelines.

(b) Restrictions of locations of newly approved facilities that are subject to the provisions of the facility need review process.

(c) Provisions for the fair allocation of the Medicaid share of facility specific costs directly incurred by a facility as a result of compliance.

(d) Provisions for reasonable time periods for compliance, not to exceed three years, except when extensions are granted by the department for good cause.

Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2005, 1st Ex. Sess., No. 41, §1, eff. Dec. 6, 2005; Acts 2008, No. 409, §1, eff. June 21, 2008.