Louisiana

Louisiana

Louisiana maintains a CON program, which it calls a “facility need review” (FNR) program, within two broad categories—beds outside hospitals and facilities. FNRs function the same as CONs. Louisiana also maintains three moratoria that prohibit: (1) constructing new nursing facilities; (2) constructing intermediate care facilities for the developmentally disabled with more than 16 beds; or (3) adding beds to nursing facilities. Notably, Louisiana is one of the few states where the Department of Health decides FNR applications without hearing from an applicant’s direct competitors. In fact, competitors may not intervene during the application process or otherwise participate in the review process. La. Admin. Code tit. 48, pt. 1 § 12501 (A).

COVID-19 Response

As of May 15, 2020, Louisiana had not suspended any FNR requirements in response to COVID-19. Just the opposite, on March 25, 2020, the Louisiana Department of Health suspended review of all pending FNR applications through May 31, 2020. See La. Dep’t of Health, Coronavirus (COVID-19) Updates. As a result, pending applications were delayed and healthcare providers were unable to expand as needed to respond to COVID-19.

Application Process

In Louisiana, the general FNR application process takes no more than 60 days. La. Admin. Code tit. 48, pt. 1 § 12501(B). Applications can be submitted at any time and the non-refundable application fee is $200. See La. Admin. Code tit. 48, pt. 1 § 12505(A)(2). If an FNR application is denied, the fee for an appeal is $500. See La. Admin. Code tit. 48, pt. 1 § 12505(B)(5). Competitors are not provided notice of applications, cannot intervene in the application process, and cannot offer evidence or argument as to why an application should be denied. La. Admin. Code tit. 48, pt. 1 § 12505(A).

CON? Number of CONs Moratoria Temporary COVID-19 response:
Hospital Beds No – – –
Beds Outside Hospitals Yes 4 1 No action
Equipment No – – –
Facilities/ Buildings Yes 7 2 No action
Services No – – –
Emergency Medical Transport No – – –

Note: these citations are accurate as of May 2020.

Louisiana FNRs in Detail

Category

Moratoria/Types of FNRs

La. Admin. Code tit. 48, pt. 1

Hospital Beds

No FNRs in this category.

Beds Outside Hospitals

1.Moratorium on adding beds to nursing facilities.

La. R. S. 40:2116(D)(2)

1.Adult residential care facility beds.

§ 12503(C)(1)

2.Home and community-based service facility beds.

§ 12503(C)(2)

3.Hospice facility beds.

§ 12503(C)(4)

4.Behavioral health facility beds.

§ 12503(C)(6)

Equipment

No FNRs in this category.

Facilities/Buildings

1.Moratorium on nursing facilities.

La. R. S. 40:2116(D)(2)

2.Moratorium on intermediate care facilities for the developmentally disabled with more than 16 beds.

§ 12507(D)

1.Intermediate care facilities for persons with developmental disabilities.

§ 12503(A)(3)

2.Adult residential care facilities.

§ 12503(C)(1)

3.Home and community-based service facilities.

§ 12503(C)(2)

4.Adult day health care facilities.

§ 12503(C)(3)

5.Hospice facilities.

§ 12503(C)(4)

6.Pediatric day health care facilities.

§ 12503(C)(5)

7.Behavioral health facilities.

§ 12503(C)(6)

Services

No FNRs in this category.

Emergency Medical Transport

No FNRs in this category.

Louisiana FNRs Exceptions

No FNR Required For:

La. Admin. Code tit. 48, pt. 1

1.The replacement of a nursing facility due to destruction by fire or a natural disaster.

§ 12503(H)(1)

2.The replacement of a government-owned nursing facility or facility building due to a potential health hazard.

§ 12503(H)(2)

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