La. Admin. Code tit. 48 § I-4613

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-4613 - Civil Fines

A. Class A Violations

1. Civil fines for class A violations shall not exceed $2,500 for the first violation and shall not exceed $5,000 per day for repeat violations.

2. The aggregate fines assessed for class A repeat violations shall not exceed $20,000 in any one calendar month.

B. Class B Violations

1. Civil fines for class B violations shall not exceed $1,500 for the first violation and shall not exceed $3,000 per day for repeat violations.

2. The aggregate fines assessed for class B repeat violations shall not exceed $15,000 in any one calendar month.

C. Class C Violations

1. Civil fines for class C violations shall not exceed $1,000 for the first violation and shall not exceed $2,000 per day for repeat violations.

2. A facility may elect to pay 50 percent of the civil fine imposed for a class C violation in exchange for waiving its right to an administrative reconsideration and appeal if it submits, and HSS receives, the following within 30 days of the facility's receipt of the civil fine notice:

a. payment of 50 percent of the civil fine imposed; and

b. the facility's written waiver of the right to an administrative reconsideration and appeal on the form provided by LDH.

D. Class D Violations

1. Civil fines for class D violations shall not exceed $100 per day for the first violation and shall not exceed $250 per day for repeat violations.

E. Class E Violations

1. Civil fines for class E violations shall not exceed $50 for the first violation and shall not exceed $100 for repeat violations.

F. Determination of the Amount of Civil Fines

1. In establishing the amount of civil fines to be imposed against the provider, the department may consider:

a. all relevant aggravating circumstances, including, but not limited to:

i. whether the violation resulted from intentional or reckless conduct by the provider;

ii. the pervasiveness of the violation;

iii. the duration of the violation; and/or

iv. the extent of actual or potential harm to resident(s), patient(s), or client(s); and

b. all relevant mitigating circumstances, including, but not limited to:

i. whether the provider had taken steps to prevent the violation; and/or

ii. whether the provider had implemented an effective corporate compliance program prior to the violation.

2. The aggregate fines assessed for any class C, D and E violations shall not exceed $5,000 in any one calendar month.

La. Admin. Code tit. 48, § I-4613

Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 39:3079 (November 2013), Amended LR 491217 (7/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2009.11, 40:2009.23, 40:2199 and 40:2199.1.