Current through Register Vol. 50, No. 9, September 20, 2024
A. The department
may impose the sanction of transfer of resident(s), patient(s), or client(s)
receiving services provided by a facility. This sanction may be imposed for any
violation of statute, rule or regulation including but not limited to:
1. a violation of a rule or regulation that
creates a condition or occurrence relating to the maintenance and/or operation
of a facility which results in death or serious harm to a resident, patient or
client;
2. a violation of a rule or
regulation in which a condition or occurrence relating to the maintenance
and/or operation of a facility is created and results in the substantial
probability of death, serious physical harm or mental harm to a resident,
patient or client;
3. a repeat
violation of a rule or regulation in which a condition or occurrence relating
to the maintenance and/or operation of a facility creates a potential for harm
by directly threatening the health, safety, rights, or welfare of a
client;
4. when there is an
imminent threat to the health, safety and welfare of the facility's clients;
or
5. more than two substantiated
complaint surveys in two years.
B. This sanction may be imposed in
conjunction with any other sanctions including, but not limited to, the
following:
1. license suspension;
2. monitoring;
3. license revocation; and/or
4. denial of Medicaid payment with respect to
any individual admitted to or provided services by a facility.
C. The sanction of transfer of
clients shall remain in effect until:
1. the
department determines that the facility is in compliance with the requirements;
and
2. the facility has received
notice of its compliance and the lifting of the sanction from the
department.
D. The
facility shall:
1. assist in the safe and
orderly transfer of its clients to other facilities;
2. prohibit any action(s) that would prevent
or impede the transfer of its clients;
3. maintain the needs of its clients until
the transfer is complete; and
4.
update the client's treatment plan and other records as necessary in
preparation for the transfer or discharge of its client.
E. The facility, with assistance from the
department, shall notify the clients of the transfer sanction and the transfer
procedures. The department will identify similar facilities in close proximity
to accommodate the clients being transferred.
F. At a minimum, the facility shall provide,
at the facility's expense:
1. a copy of the
current active treatment plan;
2.
current orders; and
3. any other
pertinent medical records to the facility accepting its transferred clients in
an effort to achieve the seamless continuum of care.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
40:2009.11, 40:2009.23, 40:2199 and
40:2199.1.
