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Behavioral Health Licensing Rule Reminder

Date: 10/13/17

Providers of behavioral health services in our network are reminded about some important revisions and updates to the Behavioral Health Services (BHS) Licensing Rule and of the availability of additional resources to assist you in ensuring compliance. These updates include the following:

Act 33 – Removal of License Exemption for MHR Providers

Act 33 removes the exemption for legacy MHR agencies that met certain criteria. LDH has posted a memo to BHS providers on its website to notify providers of the pertinent parts of Act 33, including the following requirements:

  • A completed licensing application is due to the LDH Health Standards Section (HSS) on or before December 1, 2017.

Formerly exempt MHR providers must be licensed prior to April 1, 2018.

BHS License Rule Revisions

Revisions to the BHS licensing rule have been published. The revisions are accessible on the Health Standards Section website and via the July 20, 2017, edition of the Louisiana Register on the Division of Administration (DOA) website. Revisions include, but are not limited to:

  • Allowing the Medical Director role to be filled by a physician, APRN or medical psychologist with a current, unrestricted license to practice in Louisiana with two years of qualifying experience in treating psychiatric disorders.
  • Provision of an exception to the Medical Director requirement for MHR providers exclusively providing MST, FFT or Homebuilders.
  •     Such agencies shall have a Clinical Director, which may be filled by a licensed psychiatrist, psychologist, LCSW, LPC or     LMFT with a minimum of two years qualifying experience treating psychiatric disorders (and an unrestricted license to     practice in Louisiana)
  • Removes the requirement for medication management as a core service, only for MHR providers exclusively providing MST, FFT or Homebuilders. (Additional content was added for requirement on meeting medical needs of clients, e.g., screening, referral, collaboration with treating provider, etc.)
  • Please review all revisions and associated requirements on the BHS provider licensing page of the Louisiana Department of Health (LDH) website.

Act 311 – Update on Criminal Background Checks Requirement

In accordance with Act 311, LDH-HSS posted a Memo to HSS Licensed Health Care Providers to notify them of the requirement to request “criminal history and security checks on non-licensed persons prior to any employer making an offer to employ or to contract with a non-licensed person ….,” per R.S. 40:1203.1-5. This includes facilities and organizations licensed as BHS providers.

However, please remember that although Act 311 establishes requirements for criminal background checks for non-licensed individuals and contractors, per the Medicaid Behavioral Health Services Provider Manual, all persons prior to employment/contracting must pass criminal background checks. This includes licensed staff and contracted licensed practitioners.

We encourage you to reference the resources listed below for additional information about these revisions and updates. Questions about this information should be directed to Desiree Castello, LDH-HHS, via email to Desiree.Castello@LA.gov. 

Resources:

  1. Louisiana Medicaid Program, Health Standards Section: http://www.lamedicaid.com/provweb1/Providermanuals/manuals/BHS/BHS_2.1_03-14-17.pdf
  2. Division of Administration (DOA), Louisiana Register, July 20, 2017, Edition: http://www.doa.la.gov/Pages/osr/reg/regs2017.aspx
  3. Louisiana Department of Health (LDH) Behavioral Health Service Provider Licensing Regulations: http://dhh.louisiana.gov/index.cfm/directory/detail/7950/catid/154
  4. Act 33, 2017 Regular Session: http://dhh.louisiana.gov/assets/medicaid/hss/docs/BHS/Louisiana_2017_HB159_ACT_33.pdf
  5. Louisiana Department of Health (LDH), Health Standards Section (HSS), Memo to Behavioral Health Service Providers, June 30, 2017: http://dhh.louisiana.gov/assets/medicaid/hss/docs/BHS/Exemption_removal_notice.pdf
  6. Act 311, 2016 Regular Session: https://www.legis.la.gov/legis/ViewDocument.aspx?d=1009638
  7. Louisiana Department of Health (LDH), Health Standards Section, Memo to HSS Licensed Health Care Providers, April 20, 2017, (See Criminal Background Check Statute Notice): http://dhh.louisiana.gov/index.cfm/directory/detail/7950/catid/154
  8. Medicaid Behavioral Health Services Provider Manual: http://www.lamedicaid.com/provweb1/Providermanuals/BHS_Main.htm