Current through Register Vol. 50, No. 9, September 20, 2024
A. The department
may deny an application for a license, may deny a license renewal, or may
revoke a license in accordance with the provisions of the Administrative
Procedures Act.
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 ADHC center is noncompliant with any licensing laws, rules, ordinances or
regulations or with any other required statutes that are a threat to the
health, safety, or welfare of the participants.
2. The department shall deny any initial
license for any of the reasons designated in
§4217. D that a license
may be revoked or denied renewal.
3. Repealed.
C. Voluntary Non-Renewal of License. If a
center 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 center.
D. Revocation
of License or Denial of License Renewal. An ADHC license may be revoked or may
be denied renewal for any of the following reasons including, but not limited
to:
1. failure to be in substantial
compliance with the ADHC licensing laws, rules, and regulations;
2. failure to be in substantial compliance
with other required statutes, laws, ordinances, rules, and
regulations;
3. failure to uphold
participant rights whereby deficient practices may result in harm, injury, or
death of a participant;
4. failure
to protect a participant from a harmful act of an employee including, but not
limited to:
a. abuse, neglect, exploitation,
or extortion;
b. any action posing
a threat to a participant's health and safety;
c. coercion;
d. threat or intimidation; or
e. harassment;
5. failure to notify the proper authorities
of all suspected cases of neglect, criminal activity, mental or physical abuse,
or any combination thereof;
6.
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. participant
records;
d. matters under
investigation by the department or the Office of the Attorney
General;
e. information submitted
for reimbursement from any payment source;
7. knowingly making a false statement or
providing false, forged, or altered information or documentation to LDH
employees or to law enforcement agencies;
8. the use of false, fraudulent, or
misleading advertising;
9. an
owner, officer, member, manager, director, 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;
a. for purposes of this
paragraph, conviction of a felony means a felony relating to the violence,
abuse, or negligence of a person, or a felony relating to the misappropriation
of property belonging to another person;
10. failure to comply with all reporting
requirements in a timely manner as required by the department;
11. failure to allow or refusal to allow the
department to conduct an investigation or survey or to interview center staff
or participants;
12. failure to
allow, or refusal to allow, access to authorized departmental personnel to
records; or
13. bribery,
harassment, or intimidation of any participant designed to cause that
participant to use the services of any particular ADHC center.
14. Repealed.
E. In the event an ADHC license is revoked or
renewal is denied, any owner, officer, member, manager or director of such ADHC
center is prohibited from owning, managing, directing or operating another ADHC
center for a period of two years from the date of the final disposition of the
revocation or denial action.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 36:254 and 40:2120.41-46.
