§2174. Registration and disclosure statement

A. Unless a provider is registered for a home pursuant to the provisions of this Chapter, no provider shall enter into a contract to provide continuing care to any person or extend the term of an existing contract to provide continuing care to any resident at any home located in this state or solicit the execution of any continuing care contract; however, this provision shall not apply to any continuing care agreement entered into prior to the effective date of this Chapter.

B. The application for registration shall be filed with the department by the provider on forms prescribed by the department and shall include a proposed disclosure statement meeting the requirement of R.S. 51:2175. The application shall be accompanied by a certified check in the amount of one thousand dollars. Upon receipt of the application for registration in proper form, the department shall issue a notice of filing to the provider-applicant within ten business days. Within sixty business days of the notice of filing, the department shall enter an order registering the provider or rejecting the registration. If an order of rejection is not entered within sixty days from the date of notice of filing, the provider shall be considered registered unless the provider has consented in writing to an extension of time. If an order of rejection is not entered within the time period as extended by consent, the provider shall be considered registered.

C. If the department determines that the requirements of this Chapter have been met, it shall enter an order registering the provider. If the department determines that any of the requirements of this Chapter have not been met, the department shall notify the applicant that the application for registration shall be corrected within thirty days in the particulars as designated by the department. If the requirements are not met within the time allowed, the department may enter an order rejecting the registration which shall include the reason upon which the order is based and which shall not become effective until twenty days after the end of the foregoing thirty day period. During the twenty day period, the applicant may petition for reconsideration of his application and shall be entitled to a hearing within thirty days. The order of rejection shall not take effect, in any event, until such time as the hearing, once requested, has been conducted by the department in accordance with applicable provisions of the Administrative Procedure Act, R.S. 49:950, et seq.

D. For continuing care agreements offered by a provider to existing or prospective residents in a home established prior to the effective date of this Chapter, which home has one or more residents living there pursuant to such agreements entered into prior to the effective date of this Chapter, the department may, after the filing of an application for registration, issue a temporary order registering the provider, which may then enter into continuing care agreements in compliance with all applicable provisions of this Chapter until the order of permanent registration has been issued pursuant to this Section.

Acts 1987, No. 483, §1.