Louisiana Revised Statutes 40:2166.4 – A. All adult residential care providers, whether facilities, agencies, providers, institutions, societies, corporations, partnerships, entities, residences, person or persons, or any
Terms Used In Louisiana Revised Statutes 40:2166.4
- Adult residential care home: means a publicly or privately operated residence that provides personal assistance, lodging, and meals for compensation to two or more adults who are unrelated to the residence licensee, operator, or administrator. See Louisiana Revised Statutes 40:2166.3
- Adult residential care provider: means a facility, agency, institution, society, corporation, partnership, company, entity, residence, person or persons, or any other group which provides adult residential care for compensation to two or more adults who are unrelated to the licensee or operator. See Louisiana Revised Statutes 40:2166.3
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2166.3
- License: means a license issued by the department to an adult residential care provider. See Louisiana Revised Statutes 40:2166.3
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. All adult residential care providers, whether facilities, agencies, providers, institutions, societies, corporations, partnerships, entities, residences, person or persons, or any other group or groups providing adult residential care, shall be licensed. No facility, agency, provider, institution, society, corporation, partnership, company, entity, residence, person or persons, or any other group providing adult residential care may be established, operated, or reimbursed under the Medicaid program for such care unless licensed to perform such care by the department.
B. A license issued to an adult residential care provider shall be valid for only one geographic location and shall be issued only for the person and premises named in the license application.
C. A license issued under this Part shall be valid for one year from the date of issuance, unless revoked prior to that date.
D. A license issued under this Part shall expire on the last day of the twelfth month after date of issuance, unless otherwise renewed.
E. A license issued under this Part shall be on a form prescribed by the department.
F. A license issued under this Part shall not be transferrable or assignable.
G. A license issued to an adult residential care provider shall be posted in a conspicuous place on the licensed premises.
H. Effective July 1, 2010, the authority to license adult residential care homes shall transfer from the Department of Children and Family Services to the Louisiana Department of Health. Each adult residential care home which has a valid license issued by the Department of Children and Family Services shall apply to the Louisiana Department of Health to become an adult residential care provider sixty days prior to the expiration of the current adult residential care home license. The adult residential care home license shall be valid until its expiration date, unless otherwise revoked, suspended, or terminated. Effective July 1, 2010, the Louisiana Department of Health shall have authority to monitor, survey, and regulate the adult residential care home under the existing Department of Children and Family Services regulations until the Louisiana Department of Health publishes minimum licensing standards for all modules of adult residential care providers.
I. All waivers in effect on July 1, 2010, granted to adult residential care facilities licensed by the Department of Children and Family Services shall remain in effect when those facilities are transferred to the Louisiana Department of Health subject to licensing rules and regulations. However, any physical space waiver in effect on July 1, 2010, granted to adult residential care facilities licensed by the Department of Children and Family Services shall remain in effect when those facilities are transferred to the Louisiana Department of Health unless there is a renovation, new construction, or relocation of the physical space which is subject to such waiver.
Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010.