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 the department may revoke a license in accordance with the provisions of the
Administrative Procedure Act.
B.
Denial of an Initial License.
1. The
department shall deny an initial license if the initial licensing survey finds
that the FSBC 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 shall deny an initial
license for any of the reasons that a license may also be revoked or denied
renewal pursuant to these licensing provisions.
3. If the department denies an initial
license, the applicant for an FSBC license shall not render services to
clients.
C. Voluntary
Non-Renewal of a License. If the FSBC 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 facility.
D. Revocation of License or Denial of License
Renewal. An FSBC 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 FSBC licensing laws, rules, and regulations;
2. failure to be in substantial compliance
with other required statutes, laws, ordinances, rules, or
regulations;
3. failure to uphold
client rights whereby deficient practices result in harm, injury, or death of a
client;
4. failure to protect a
client from a harmful act by an FSBC employee or other client on the premises
including, but not limited to:
a. any action
which poses a threat to client or public health and safety;
b. coercion;
c. threat or intimidation;
d. harassment;
e. abuse; or
f. neglect;
5. failure to notify the proper authorities,
as required by federal or state law or regulations, of all suspected cases of
the acts outlined in
§6725.D.4 a-f;
6. failure to employ qualified
personnel;
7. failure to submit an
acceptable plan of correction for deficient practices cited during an on-site
survey within the stipulated timeframes;
8. failure to submit the required fees,
including but not limited to:
a. fees for
address or name changes;
b. any
fine assessed by the department; or
c. fee for a CHOW;
9. failure to allow entry into the FSBC or
access to requested records during a survey;
10. failure to protect clients from unsafe
care by an individual employed by the FSBC;
11. when the FSBC staff or owner knowingly
(or with reason to know) makes a false statement of a material fact in any of
the following:
a. the application for
licensure;
b. data forms;
c. clinical records;
d. matters under investigation by the
department;
e. information
submitted for reimbursement from any payment source; or
f. advertising;
12. conviction of a felony or entering a plea
of guilty or nolo contendere to a felony by an owner, administrator, or
director of clinical midwifery services, as evidenced by a certified copy of
the conviction;
13. failure to
comply with all reporting requirements in a timely manner as requested by the
department;
14. failure to comply
with the terms and provisions of a settlement agreement with the department or
an educational letter;
15. failure
to repay an identified overpayment to the department or failure to enter into a
payment agreement to repay such overpayment; or
16. failure to timely pay outstanding fees,
fines, sanctions, or other debts owed to the department.
E. In the event an FSBC license is revoked,
renewal is denied, or the license is surrendered in lieu of an adverse action,
any owner, officer, member, manager, director, or administrator of such FSBC is
prohibited from owning, managing, directing, or operating another FSBC 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.
40:2180.21-2180.28.
