Current through Register Vol. 50, No. 9, September 20, 2024
A. The department
may issue sanctions for deficiencies and violations of law, rules and
regulations that may include, but are not limited to:
1. civil fines;
2. directed plans of correction;
3. provisional licensure; and/or
4. license revocation or denial of license
renewal.
B. The
department may deny an application for an initial license or a license renewal,
or may revoke a license in accordance with the Administrative Procedure
Act.
C. The department may deny an
initial license, revoke a license or deny a license renewal for any of the
following reasons, including but not limited to:
1. failure to be in compliance with the CRC
licensing laws, rules and regulations;
2. failure to be in 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. cruelty or indifference to the welfare of
the clients;
5. misappropriation or
conversion of the property of the clients;
6. permitting, aiding or abetting the
unlawful, illicit or unauthorized use of drugs or alcohol within the center of
a program;
7. documented
information of past or present conduct or practices of an employee or other
staff which are detrimental to the welfare of the clients, including but not
limited to:
a. illegal activities;
or
b. coercion or falsification of
records;
8. failure to
protect a client from a harmful act of an employee or other 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;
9. failure to
notify the proper authorities, as required by federal or state law or
regulations, of all suspected cases of the acts outlined in Paragraph D.8
above;
10. 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 center 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;
11. knowingly making a false statement or
providing false, forged or altered information or documentation to DHH
employees or to law enforcement agencies;
12. the use of false, fraudulent or
misleading advertising; or
13. the
CRC, an owner, officer, member, manager, administrator, medical director,
managing employee, or clinical supervisor has pled guilty or nolo contendere to
a felony, or is convicted of a felony, as documented by a certified copy of the
record of the court;
14. failure to
comply with all reporting requirements in a timely manner, as required by the
department;
15. failure to allow or
refusal to allow the department to conduct an investigation or survey or to
interview center staff or clients;
16. interference with the survey process,
including but not limited to, harassment, intimidation, or threats against the
survey staff;
17. failure to allow
or refusal to allow access to center or client records by authorized
departmental personnel;
18.
bribery, harassment, intimidation or solicitation of any client designed to
cause that client to use or retain the services of any particular
CRC;
19. failure to repay an
identified overpayment to the department or failure to enter into a payment
agreement to repay such overpayment;
20. failure to timely pay outstanding fees,
fines, sanctions or other debts owed to the department; or
21. failure to uphold client rights that may
have resulted or may result in harm, injury or death of a client.
D. If the department determines
that the health and safely of a client or the community may be at risk, the
imposition of the license revocation or license non-renewal may be immediate
and may be enforced during the pendency of the administrative appeal. The
department will provide written notification to the center if the imposition of
the action will be immediate.
E.
Any owner, officer, member, manager, director or administrator of such CRC is
prohibited from owning, managing, directing or operating another CRC for a
period of two years from the date of the final disposition of any of the
following:
1. license revocation;
2. denial of license renewal; or
3. the license is surrendered in lieu of
adverse action.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
28:2180.14.
