Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 46 - Healthcare Facility Sanctions
Subchapter B - Sanctions and Standards for the Imposition of Sanctions
Section I-4613 - Civil Fines
Universal Citation: LA Admin Code I-4613
Current through Register Vol. 50, No. 9, September 20, 2024
A. Class A Violations
1. Civil fines for class A
violations shall not exceed $2,500 for the first violation and shall not exceed
$5,000 per day for repeat violations.
2. The aggregate fines assessed for class A
repeat violations shall not exceed $20,000 in any one calendar month.
B. Class B Violations
1. Civil fines for class B violations shall
not exceed $1,500 for the first violation and shall not exceed $3,000 per day
for repeat violations.
2. The
aggregate fines assessed for class B repeat violations shall not exceed $15,000
in any one calendar month.
C. Class C Violations
1. Civil fines for class C violations shall
not exceed $1,000 for the first violation and shall not exceed $2,000 per day
for repeat violations.
2. A
facility may elect to pay 50 percent of the civil fine imposed for a class C
violation in exchange for waiving its right to an administrative
reconsideration and appeal if it submits, and HSS receives, the following
within 30 days of the facility's receipt of the civil fine notice:
a. payment of 50 percent of the civil fine
imposed; and
b. the facility's
written waiver of the right to an administrative reconsideration and appeal on
the form provided by LDH.
D. Class D Violations
1. Civil fines for class D violations shall
not exceed $100 per day for the first violation and shall not exceed $250 per
day for repeat violations.
E. Class E Violations
1. Civil fines for class E violations shall
not exceed $50 for the first violation and shall not exceed $100 for repeat
violations.
F. Determination of the Amount of Civil Fines
1.
In establishing the amount of civil fines to be imposed against the provider,
the department may consider:
a. all relevant
aggravating circumstances, including, but not limited to:
i. whether the violation resulted from
intentional or reckless conduct by the provider;
ii. the pervasiveness of the
violation;
iii. the duration of the
violation; and/or
iv. the extent of
actual or potential harm to resident(s), patient(s), or client(s);
and
b. all relevant
mitigating circumstances, including, but not limited to:
i. whether the provider had taken steps to
prevent the violation; and/or
ii.
whether the provider had implemented an effective corporate compliance program
prior to the violation.
2. The aggregate fines assessed for any class
C, D and E violations shall not exceed $5,000 in any one calendar
month.
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2009.11, 40:2009.23, 40:2199 and 40:2199.1.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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