Current through Register Vol. 50, No. 9, September 20, 2024
A. The department
may deny an application for an initial license or a license renewal, or may
revoke a license in accordance with the provisions of the Administrative
Procedure 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 ASC is noncompliant 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 the patients.
2. The department shall deny an initial
license for any of the reasons a license may be revoked or denied renewal
pursuant to these licensing provisions.
3. If the department denies an initial
license, the applicant for an ASC license shall not render services to
patients.
C. Voluntary
Non-Renewal of a License. If the ASC 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 facility.
D. Revocation of License or Denial of License
Renewal. An ASC license may be revoked or denied renewal for any of the
following reasons, including but not limited to:
1. failure to be in substantial compliance
with the ASC licensing laws, rules and regulations;
2. failure to be in substantial compliance
with other required statutes, laws, ordinances, rules or regulations;
3. failure to uphold patient rights whereby
deficient practices result in harm, injury or death of a patient;
4. failure to protect a patient from a
harmful act by an ASC employee or other patient on the premises including, but
not limited to:
a. any action which poses a
threat to patient or public health and safety;
b. coercion;
c. threat or intimidation;
d. harassment;
e. abuse; or
f. neglect;
5. failure to notify the proper authorities,
as required by federal or state law or regulations, of all suspected cases of
the acts outlined in
§4521. D 4;
6. failure to employ qualified
personnel;
7. failure to submit an
acceptable plan of correction for deficient practices cited during an on-site
survey within the stipulated timeframes;
8. failure to submit the required fees,
including but not limited to:
a. fees for
address or name changes;
b. any
fine assessed by the department; or
c. fee for a CHOW;
9. failure to allow entry into the ASC or
access to requested records during a survey;
10. failure to protect patients from unsafe
care by an individual employed by the ASC;
11. when the ASC staff or owner knowingly (or
with reason to know) makes a false statement of a material fact in any of the
following:
a. the application for
licensure;
b. data forms;
c. clinical records;
d. matters under investigation by the
department;
e. information
submitted for reimbursement from any payment source; or
f. advertising;
12. conviction of a felony or entering a plea
of guilty or nolo contendere to a felony by an owner, administrator, director
of nursing, or medical director as evidenced by a certified copy of the
conviction;
13. failure to comply
with all of the reporting requirements in a timely manner as requested by the
department;
14. failure to comply
with the terms and provisions of a settlement agreement with the department or
an educational letter;
15. failure
to repay an identified overpayment to the department or failure to enter into a
payment agreement to repay such overpayment; or
16. failure to timely pay outstanding fees,
fines, sanctions or other debts owed to the department.
E. In the event an ASC license is revoked,
renewal is denied or the license is surrendered in lieu of an adverse action,
any owner, officer, member, manager, director or administrator of such ASC is
prohibited from owning, managing, directing or operating another ASC for a
period of two years from the date of the final disposition of the revocation,
denial action or surrender.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
40:2131-2141.
