La. Admin. Code tit. 48 § I-4617

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

Section I-4617 - Denial of New Admissions

A. The department may impose the sanction of "denial of new admissions." Denial of new admissions prohibits a new client from being admitted to a facility or any new client from receiving services from a facility during the term of the sanction.

B. The department may impose the sanction of denial of new admission for any violation of statute, rule or regulation including, but not limited to:

1. a violation of a rule or regulation that creates a condition or occurrence relating to the maintenance and/or operation of a facility which results in death or serious harm to a resident, patient or client;

2. a violation of a rule or regulation in which a condition or occurrence relating to the maintenance and/or operation of a facility is created and results in the substantial probability of death or serious physical or mental harm to a resident, patient or client will result from the violation;

3. a repeat violation of a rule or regulation in which a condition or occurrence relating to the maintenance and/or operation of a facility creates a potential for harm by directly threatening the health, safety, rights, or welfare of a client; or

4. more than two substantiated complaint surveys in two years.

C. The facility must provide notice of the imposition of the sanction and its effective date to all potential new admissions and to health care providers who have transferred, or it reasonably believes may transfer, a client into the sanctioned facility.

D. The sanction shall remain in effect until:

1. the department determines that the facility is in compliance with the requirements; and

2. the facility has received notice of its compliance and the lifting of the sanction.

E. This sanction may be used in conjunction with other sanctions, including removal from the freedom of choice list.

La. Admin. Code tit. 48, § I-4617

Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 39:3080 (November 2013).

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