Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 46 - Healthcare Facility Sanctions
Subchapter E - Funds
Section I-4663 - Health Care Facility Fund

Universal Citation: LA Admin Code I-4663

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

A. The civil fines and interest collected from health care facilities, other than nursing homes, shall be deposited into the Health Care Facility Fund, hereafter referred to as trust fund.

B. The department has the exclusive use of the funds contained in the trust fund.

C. The monies in the trust fund shall be subject to annual appropriation by the legislature and shall be used exclusively for the following purposes:

1. the protection of health, welfare, rights or property of those receiving services from health care facilities;

2 the enforcement of sanctions against health care facilities;

3. the education, employment and training of employees, staff or other personnel of health care facilities; and/or

4. programs designed to improve the quality of care in health care facilities.

D. The Health Care Facility Fund may not be used to fund re-occurring programs.

E. The department is hereby authorized to enter into cooperative endeavor agreements with public and private entities for the approved expenditure of monies in the trust fund that achieve the purpose of the fund.

F. The department has the discretion to require repayment of a disbursement from the trust fund.

1. If required, the terms of repayment of monies disbursed shall be determined by the secretary and may, where appropriate, be set forth in a contract signed by the secretary and the applicant or other party responsible for repayment.

2. Failure to repay the funds according to the established terms of repayment shall prevent future disbursements to the applicant from the trust fund until all monies are repaid.

3. Monies due and owing according to the established terms of repayment shall accrue interest at the current judicial interest rate.

4. If a facility fails to repay the funds according to the established terms of repayment, the department may recoup the amount of disbursement not repaid by a facility from the facility's Medicaid payments or from any other payments owed to the facility from the department.

5. All monies collected pursuant to a repayment agreement or by recoupment shall be treated in the same manner as a collected civil fine.

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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