La. Admin. Code tit. 48 § I-4621

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

Section I-4621 - Transfer of Resident(s), Patient(s), or Client(s) Receiving Services

A. The department may impose the sanction of transfer of resident(s), patient(s), or client(s) receiving services provided by a facility. This sanction may be imposed 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, serious physical harm or mental harm to a resident, patient or client;

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;

4. when there is an imminent threat to the health, safety and welfare of the facility's clients; or

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

B. This sanction may be imposed in conjunction with any other sanctions including, but not limited to, the following:

1. license suspension;

2. monitoring;

3. license revocation; and/or

4. denial of Medicaid payment with respect to any individual admitted to or provided services by a facility.

C. The sanction of transfer of clients 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 from the department.

D. The facility shall:

1. assist in the safe and orderly transfer of its clients to other facilities;

2. prohibit any action(s) that would prevent or impede the transfer of its clients;

3. maintain the needs of its clients until the transfer is complete; and

4. update the client's treatment plan and other records as necessary in preparation for the transfer or discharge of its client.

E. The facility, with assistance from the department, shall notify the clients of the transfer sanction and the transfer procedures. The department will identify similar facilities in close proximity to accommodate the clients being transferred.

F. At a minimum, the facility shall provide, at the facility's expense:

1. a copy of the current active treatment plan;

2. current orders; and

3. any other pertinent medical records to the facility accepting its transferred clients in an effort to achieve the seamless continuum of care.

La. Admin. Code tit. 48, § I-4621

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