La. Admin. Code tit. 48 § I-6023

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

Section I-6023 - Denial, Revocation or Suspension of a License [Formerly section 6017]

A. Denial of an Initial License. An applicant may be denied an initial license for one of the following nonexclusive reasons:

1. the background investigation indicates any convictions pursuant to R.S. 40:1203.3 et seq.;

2. has had any license pertaining to the provision of emergency medical services revoked in any jurisdiction;

3. failure to comply with applicable federal, state, and local laws, statutes, rules or regulations;

4. intentional falsification of material information provided pursuant to this Chapter; or

5. conviction, guilty plea or plea of nolo contendre of a felony by the following, as shown by a certified copy of the record of the court of the conviction:

a. director of operations;

b. members or officers; or

c. the person(s) designated to manage or supervise the ambulance service if the applicant is a firm or corporation.

B. Revocation or Denial of License Renewal. An ambulance service's license may be denied renewal or revoked for any one of the following:

1. failure to be in substantial compliance with the ambulance service licensing standards;

2. failure to be in substantial compliance with other required statutes, laws, ordinances, rules or regulations;

3. failure to comply with the terms of a settlement agreement or corrective action letter;

4. failure to uphold patient rights, whereby violations may result in harm or injury;

5. failure of the agency to protect patients/persons in the community from harmful actions of the agency employees; including, but not limited to:

a. health and safety;

b. coercion;

c. threat;

d. intimidation; and

e. harassment;

6. failure to notify proper authorities including, but not limited to, law enforcement and the department (Bureau of EMS) of all suspected cases of neglect, criminal activity, or mental or physical abuse which could potentially cause harm to the patient;

7. failure to employ qualified personnel and maintain an adequate quality assurance program that identifies poorly performing staff and remediates or terminates them for deficiencies;

8. failure to continuously maintain in force any required insurance coverage(s)

9. failure to submit fees including, but not limited to:

a. renewal fee;

b. change of agency address or name; or

c. any fines assessed by the department;

10. failure to allow the department to conduct an investigation, inspection or survey, or to interview staff or participants, or to allow access to any relevant records during any inspection;

11. failure to remedy a situation where patients were not protected from unsafe, skilled and/or unskilled care by any person employed by the ambulance service;

12. ambulance service/provider staff or owner has knowingly, or with reason to know, made a false statement of a material fact in:

a. application for licensing;

b. data forms;

c. clinical records;

d. matters under investigation by the department;

e. information submitted for reimbursement from any payment source;

f. the use of false, fraudulent or misleading advertising;

g. ambulance service staff being misrepresented or was fraudulent in conducting ambulance service business; or

h. any convictions by an owner, administrator, director of operations, or medical director as shown by a certified copy of the record of the court of conviction; or if the applicant is a firm or corporation, of any of its members or officers, or of the person designated to manage or supervise the ambulance service agency; or

13. failure to comply with all reporting requirements in a timely manner; or

C. If an ambulance service's/provider's license is revoked or denied renewal by the department, other than for cessation of business or non-operational status, any owner, officer, member, manager or administrator of such service may be prohibited from owning, managing, directing or operating another service for a period of two years from the date of the final disposition of the revocation or denial action.

D. The secretary of the department may immediately suspend the license of an ambulance service/provider in accordance with the provisions of this Chapter.

La. Admin. Code tit. 48, § I-6023

Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 35:471 (March 2009), amended Department of Health, Office of Public Health, Bureau of Emergency Medical Services, LR 49887 (5/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254, R.S. 40:1135.1, 40:1135.2 and R.S. 40:1135.3.