LAC 48:I.7707. Initial Licensure Application Process

A. An initial application for licensing as an NSA shall be made to the department on forms provided by the department. A completed initial license application packet for NSAs shall be submitted to and approved by the department prior to an applicant providing NSA services. B. The initial licensing application packet shall include: 1. a completed NSA licensure application and the appropriate non-refundable licensing fee as established by statute. The license application shall contain the name and address of the person, partnership, corporation, unincorporated association, or other legal entity that is the applicant, and the name and address of the registered agent; 2. if applicable, a copy of the NSA’s articles of incorporation or organization, a copy of its current bylaws, and the names and addresses of its officers, administrator/director, and shareholders owning more than 5 percent of the corporation’s stock; 3. a copy of verification of current active business with the Secretary of State, or equivalent state business registry, which references the current registered agent; 4. a copy of the organizational chart of the NSA, including the names and addresses of the person or persons under whose management or supervision the NSA will be operated; 5. a statement detailing the experience and qualifications of the applicant to operate an NSA; 6. evidence of the following: a. financial solvency comprised of: i. a line of credit issued from a federally insured, licensed lending institution in the amount of at least $25,000; or ii. verification of sufficient assets equal to $25,000 or the cost of three months of operation, whichever is less; b. professional liability insurance in an amount sufficient to provide coverage in accordance with the total amount recoverable for all malpractice claims as indicated in R.S. 40:1231.2, or current law; and c. compliance with the Louisiana Workers' Compensation Law, R.S. 23:1020.1 et seq., or current law, with a minimum coverage in the amount of $1,000,000, or equivalent coverage, such as occupational accident insurance, for those contractors or other staff not subject to Louisiana Worker’s Compensation law; 7. proof that the LDH, HSS is specifically identified as the certificate holder on any policies and any certificates of insurance issued as proof of insurance by the insurer or producer (agent); 8. a completed disclosure of ownership and control information form; and 9. any other relevant documentation or information required by the department for licensure. C. If the initial licensing application packet is incomplete, the applicant shall be notified of the missing information and shall have 90 days from receipt of the notification to submit the additional requested information. 1. If the additional requested information is not submitted to the department within 90 days, the application shall be closed. 2. If an initial licensing application is closed, an applicant who is still interested in becoming a NSA shall submit a new initial licensing packet with a new initial nonrefundable licensing fee to start the initial licensing process. D. Once the initial licensing application packet has been approved by the department, the NSA applicant shall submit to the department a verified readiness attestation that the NSA is in compliance with the NSA licensing laws, regulations, and standards. However, the department retains the discretion to conduct an on-site survey or inspection. 1. If an applicant fails to submit the required readiness attestation for initial licensure within 90 days of approval, the initial licensing application shall be closed. After an initial licensing application is closed, an applicant who is still interested in becoming a NSA must submit a new initial licensing packet with a new initial non-refundable licensing fee to start the initial licensing process. E. Applicant shall be in compliance with all federal, state, departmental, or local statutes, laws, ordinances, rules, and regulations, and all non-refundable fees shall be paid before the NSA provider will be issued an initial license to operate. 1. The secretary of the department may, within his/her sole discretion, grant waivers to provisions of the NSA licensing rules. The NSA shall submit a waiver request in writing to the department on forms prescribed by the department. 2. In the waiver request, the NSA shall demonstrate the following: a. how the health, safety, and welfare of an individual or individuals receiving services will not be compromised if such waiver is granted; b. how the quality of care offered will not be compromised if such waiver is granted; and c. all other requirements of the service, condition, or regulation. 3. The licensing section of the department shall have each waiver request reviewed by an internal waiver review committee. In conducting such internal waiver review, the following shall apply: a. the waiver review committee may consult subject matter experts as necessary; and b. the waiver review committee may require the NSA to submit risk assessments or other documentation to the department. 4. The director of the licensing section of the department shall submit the waiver review committee’s recommendation on each waiver to the secretary, or the secretary’s designee, for final determination. 5. The department shall issue a written decision of the waiver request to the NSA. The granting of any waiver may be for a specific length of time. 6. The written decision of the waiver request is final. There is no right to an appeal of the decision of the waiver request. 7. If any waiver is granted, it is not transferrable in an ownership change or change of location. 8. Waivers are subject to review and revocation upon any change of circumstance related to the waiver or upon a finding that the health, safety, or welfare of an individual or individuals may be compromised.