La. Admin. Code tit. 48 § I-7719

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

Section I-7719 - Denial of Initial Licensure, Revocation of License, Denial of License Renewal, Operation without License and Penalty

A. Denial of an Initial License

1. The department may, after appropriate notice and hearing, deny issuance of an NSA license if the licensee or applicant fails to comply with any licensing laws or regulations, or any other required statutes or regulations that present a potential threat to the health, safety, or welfare of an individual or individuals receiving services.

2. The department may deny an initial license for any of the reasons stated in Subsection C of this Section for which a license may be revoked or a license renewal denied.

B. Voluntary Non-Renewal of a License. If an NSA fails to timely renew its license, the license expires on its face and is considered voluntarily surrendered. There are no appeal rights for such surrender or non-renewal of the license, as this is a voluntary action on the part of the NSA.

C. Revocation of License or Denial of License Renewal. A NSA license may be revoked or denied renewal for any of the reasons the following:

1. failure to comply with the statutory requirements and minimum standards set forth by regulations as promulgated by the department;

2. insufficient financial or other resources to operate the NSA in accordance with the requirements of these regulations and the minimum standards, rules, and regulations promulgated herein;

3. failure to establish appropriate personnel policies and procedures for selecting nurses and certified nurse aides for employment, assignment, or referral;

4. failure to perform criminal history checks as required by R.S. 40:1203.1 et seq., or current law;

5. failure to report hours worked by certified nurse aides to the certified nurse aide registry;

6. failure to comply with the terms and provisions of a settlement agreement with LDH or education letter;

7. knowingly making a false statement in any of the following areas, including but not limited to:

a. application for initial license or renewal of license;

b. data forms;

c. employee records;

d. matters under investigation by the department or the Office of the Attorney General, or any law enforcement agency;

8. knowingly making a false statement or providing false, forged, or altered information or documentation to LDH employees or to law enforcement agencies;

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

10. fraudulent operation of an NSA by the owner(s), officer(s), director(s), officer(s), board member(s), administrator/director, or other key personnel as defined by §7713 of this Chapter;

11. the applicant(s), owner(s), officer(s), member(s), administrator/director, or person(s) has been convicted of, or has entered a plea of guilty or nolo contendere (no contest) to or has pled guilty or nolo contendere to a felony, or has been convicted of a felony, as documented by a certified copy of the record of the court;

a. For purposes of these provisions, conviction of a felony involves any felony conviction relating to:

i. the violence, abuse, or negligence of a person;

ii. the misappropriation of property belonging to another person;

iii. cruelty, exploitation, or the sexual battery of the infirmed;

iv. a drug offense;

v. crimes of a sexual nature;

vi. a firearm or deadly weapon;

vii. Medicare or Medicaid fraud; or

viii. fraud or misappropriation of federal or state funds;

12. failure to comply with all reporting requirements in a timely manner, as required by the department;

13. failure to allow, or refusal to allow, the department to conduct a survey or complaint investigation or to interview NSA staff or other individuals as necessary or required to conduct the survey or complaint investigation;

14. interference with the survey or complaint investigation process, including but not limited to, harassment, intimidation, or threats against the survey staff;

15. failure to allow or refusal to allow access to the NSA facility employee or contract staff's records by authorized department personnel;

16. failure to timely pay outstanding fees, fines, sanctions, or other debts owed to the department; or

17. failure to maintain current, and in effect, required insurance.

D. When a licensed NSA receives a notice of license revocation, the NSA shall notify in writing within 24 hours, all agencies or healthcare facilities for which the NSA provides employees or contracted staff, of the license revocation or suspension action. The notice shall:

1. include the following:

a. the action taken by the department; and

b. whether the NSA is appealing the action; and

2. be posted in a conspicuous place inside the licensed premises where an individual or individuals can access the notice.

E. In the event an NSA's license is revoked, renewal is denied, or the license is surrendered in lieu of an adverse action, any owner(s), board member(s), administrator/director, and any other person named on the license application of such NSA is prohibited from owning, managing, supervising, directing, or operating another NSA agency for a period of two years from the date of the final disposition of the revocation, denial action, or surrender. F. Operation without License and Penalty

1. An NSA shall not operate without a license issued by the department.

a. Any such person, partnership, corporation, unincorporated associations, or other legal entity operating such an agency without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than $250 for each day of operation without a license, up to a maximum of $1,000. Each day of violation shall constitute a separate offense.

b. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to ensure enforcement.

2. If a person, partnership, corporation, unincorporated associations, or other legal entity is operating a NSA without a license issued by the department, the department shall have the authority to issue an immediate cease and desist order to that person, partnership, corporation, unincorporated associations, or other legal entity.

a. Any such NSA receiving such a cease and desist order from the department shall immediately cease operations until such time as that NSA is issued a license by the department.

3. The department shall seek an injunction in the Nineteenth Judicial District Court against any person, partnership, corporation, unincorporated associations, or other legal entity operating an agency that receives a cease and desist order from the department and who does not cease operations immediately.

a. Any such person, partnership, corporation, unincorporated association, or other legal entity operating an agency against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages.

La. Admin. Code tit. 48, § I-7719

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 491734 (10/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254.