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 include:
1. civil
fines;
2. license revocation or
denial of license renewal; and
3.
any sanctions allowed under state law or regulation.
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 BHS 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 provider
of a program;
7. documented
information of past or present conduct or practices of BHS provider personnel
which are detrimental to the welfare of the clients, including but not limited
to illegal or criminal activities, or coercion;
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 clients health and safety;
c. coercion;
d. threat or intimidation;
e. harassment; or
f. illegal or criminal activities;
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 C.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 provider records;
d.
matters under investigation by the department or authorized law enforcement
agencies; 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 LDH
employees or to law enforcement agencies;
12. the use of false, fraudulent or
misleading advertising; or
13. the
BHS provider, an owner, officer, member, manager, administrator, medical
director, clinical director, managing employee or clinical supervisor that 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, related to:
a. violence, abuse or neglect against a
person;
b. sexual misconduct and/or
any crimes that require the person to register pursuant to the Sex Offenders
Registration Act;
c. cruelty,
exploitation or the sexual battery of a juvenile or the infirmed;
d. the misappropriation of property belonging
to another person;
e. a crime of
violence;
f. an alcohol or drug
offense, unless the offender has:
i. completed
his/her sentence, including the terms of probation or parole, at least five
years prior to the ownership of or working relationship with the provider;
and
ii. been sober per personal
attestation for at least the last two years;
g. a firearm or deadly weapon;
h. Medicare or Medicaid fraud; or
i. fraud or misappropriation of federal or
state funds;
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 BHS provider 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 BHS provider 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 BHS
provider;
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;
21. failure to maintain accreditation, if
accreditation is a federal or state requirement for participation in the
program; or
22. failure to uphold
client rights that may have resulted or may result in harm, injury or death of
a client.
D. Any owner,
officer, member, manager, director or administrator of such BHS provider is
prohibited from owning, managing, directing or operating another BHS provider
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.
E. If
the secretary of the department determines that the health and safety of a
client or the community may be at risk, the imposition of the license
revocation or denial of license renewal may be immediate and may be enforced
during the pendency of the administrative appeal. The department will provide
written notification to the BHS provider if the imposition of the action will
be immediate.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2151-2161.
