Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 46 - Healthcare Facility Sanctions
Subchapter D - Enforcement of Sanctions
Section I-4651 - Enforcement of Sanctions/Collection of Fines

Universal Citation: LA Admin Code I-4651

Current through Register Vol. 50, No. 9, September 20, 2024

A. The decision to impose a sanction(s), except those classified as immediate, is final when:

1. an administrative appeal is not requested within the specified time limit;

2. the facility agrees to pay the fine or to comply with the sanction;

3. the administrative appeal affirms the department's fine or sanction and the time for seeking judicial review has expired; or

4. the judicial review or appeal affirms the fine or sanction and the deadline for seeking further review expires.

B. Civil Fines. When a fine becomes final, the facility shall do one of the following:

1. make payment in full within 10 days of the date the fine becomes final; or

2. request a payment schedule, in light of a documented hardship, within 10 calendar days of the fine becoming final.

C. Interest shall begin to accrue, at the current judicial rate, on the day following the date on which any fine becomes due and payable.

D. Failure to Make Payment of Assessed Fines. When the assessed fine is not received within the prescribed time period and the facility has not arranged for a payment schedule, the department may:

1. deduct the full amount with accrued interest from funds otherwise due to a Medicaid provider as Medicaid reimbursement; or

2. institute civil action as necessary to collect the fines due if the provider is not a Medicaid provider.

E. The facility is prohibited from:

1. claiming imposed fines and/or interest as reimbursable costs to Medicaid or Medicare; and

2. increasing charges to resident(s), patient(s), or client(s) as a result of civil fines and/or interest imposed by LDH.

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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