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. These actions may be taken against the entire license or certain
modules of the license.
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 HCBS provider 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 clients.
2. The department may 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 HCBS provider
license shall discharge the client(s) receiving services.
C. Voluntary Non-Renewal of a License. If a
provider 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 provider.
D. Revocation
of License or Denial of License Renewal. An HCBS provider 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 HCBS licensing laws, rules and regulations;
2. failure to be in substantial compliance
with other required statutes, laws, ordinances, rules or regulations;
3. failure to comply with the terms and
provisions of a settlement agreement or education letter;
4. failure to uphold client rights whereby
deficient practices result in harm, injury or death of a client;
5.failure to protect a client from a harmful
act of an employee, either contracted or staff, or by another client including,
but not limited to:
a. mental or physical
abuse, neglect, exploitation or extortion;
b. any action posing a threat to a client's
health and safety;
c.
coercion;
d. threat or
intimidation;
e. harassment;
or
f. criminal activity;
6. failure to notify the proper
authorities, as required by federal or state law or regulations, of all
suspected cases of the acts outlined in
§5021. D 5;
7. knowingly making a false statement in any
of the following areas, including but not limited to:
a. application for initial license or renewal
of license;
b. data
forms;
c. clinical records, client
records or provider records;
d.
matters under investigation by the department or the Office of the Attorney
General; or
e. information
submitted for reimbursement from any payment source;
8. knowingly making a false statement or
providing false, forged or altered information or documentation to LDH
employees or to law enforcement agencies;
9. the use of false, fraudulent or misleading
advertising; or
10. an owner,
officer, member, manager, administrator, director or person designated to
manage or supervise client care has pled guilty or nolo contendere to a felony,
or has been convicted of a felony, as documented by a certified copy of the
record of the court;
a. For purposes of these
provisions, conviction of a felony involves any felony conviction relating to:
i. the violence, abuse, or negligence of a
person;
ii. the misappropriation of
property belonging to another person;
iii. cruelty, exploitation or the sexual
battery of the infirmed;
iv. a drug
offense;
v. crimes of a sexual
nature;
vi. a firearm or deadly
weapon;
vii. Medicare or Medicaid
fraud; or
viii. fraud or
misappropriation of federal or state funds;
11. failure to comply with all reporting
requirements in a timely manner, as required by the department;
12. failure to allow or refusal to allow the
department to conduct an investigation or survey or to interview provider staff
or clients;
13. interference with
the survey process, including but not limited to, harassment, intimidation, or
threats against the survey staff;
14. failure to allow or refusal to allow
access to provider, facility or client records by authorized departmental
personnel;
15. bribery, harassment,
intimidation or solicitation of any client designed to cause that client to use
or retain the services of any particular HCBS provider;
16. failure to repay an identified
overpayment to the department or failure to enter into a payment agreement to
repay such overpayment;
17. failure
to timely pay outstanding fees, fines, sanctions or other debts owed to the
department; or
18. failure to
maintain current, and in effect, required insurance policies in accordance with
the provisions of this Chapter.
E. In the event an HCBS provider license is
revoked, renewal is denied or the license is surrendered in lieu of an adverse
action, any owner, board member, director or administrator, and any other
person named on the license application of such HCBS provider is prohibited
from owning, managing, directing or operating another HCBS agency 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.
36:254 and
R.S.
40:2120.1.
