La. Admin. Code tit. 48 § I-8723

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

Section I-8723 - Denial of License, Revocation of License, License Suspension and Denial of License Renewal

A. The department may deny an application for a license, may deny a license renewal, may suspend a license or may revoke a license in accordance with the provisions of the Administrative Procedure Act (APA).

B. Denial of an Initial License

1. The department shall deny an initial license in the event that the initial licensing survey finds that the ABI facility is non-compliant with any licensing laws or regulations that present a potential threat to the health, safety, or welfare of the clients or persons receiving services.

2. The department shall deny an initial license in the event that the initial licensing survey finds that the ABI facility is non-compliant with any other required statutes, laws, ordinances, rules or regulations that present a potential threat to the health, safety or welfare of the clients or persons receiving services.

3. The department shall deny an initial license for any of the reasons that a license may be revoked or denied renewal.

C. Revocation of License, Suspension of License or Denial of License Renewal. An ABI facility license may be revoked, suspended, or denied renewal for any of the following reasons, including but not limited to:

1. failure to be in substantial compliance with the ABI facility licensing laws, rules and regulations;

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

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

4. failure to uphold client rights whereby deficient practices may result in harm, injury or death of a client;

5. failure to protect a client from a harmful act of an employee or other client including, but not limited to:

a. abuse, neglect, exploitation, or extortion;

b. any action posing a threat to a clients health and safety;

c. coercion;

d. threat or intimidation; or

e. harassment;

6. failure to notify the proper authorities of all suspected cases of neglect, criminal activity, mental or physical abuse, or any combination thereof.

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. clinical, client or facility records;

d. matters under investigation by the department or the Office of the Attorney General;

e. information submitted for reimbursement from any payment source;

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 ABI facility by the owner, director/administrator or manager;

11. an owner, officer, member, manager, director/administrator or person designated to manage or supervise participant care 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;

NOTE: For purposes of this paragraph, conviction of a felony means a felony relating to the violence, abuse or negligence of a person, or to the misappropriation of property belonging to another person.

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

13. submission of non-sufficient funds for any payment to the department;

14. failure to allow or refusal to allow the department to conduct an investigation or survey or to interview facility staff or participants;

15. failure to allow or refusal to allow access to authorized departmental personnel to records; or

16. bribery, harassment, or intimidation of any participant designed to cause that participant to use the services of any particular ABI facility.

E. If the secretary of the department determines that violations of the facility pose an imminent or immediate threat to the health, welfare or safety of a participant or person receiving services, the secretary may suspend the license. A license suspension is immediate and shall be enforced during the pendency of the administrative appeal. If the secretary of the department makes such a determination, the facility will be notified in writing of such determination.

F. In the event an ABI facility license is revoked, suspended or renewal is denied, any owner, officer, member, manager and director/administrator of such ABI facility is prohibited from owning, managing, directing or operating another ABI facility for a period of two years from the date of the final disposition of the revocation, suspension or denial action.

La. Admin. Code tit. 48, § I-8723

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 432170 (11/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 40:2120.31-40.