Current through Register Vol. 50, No. 9, September 20, 2024
A.
The department may deny an application for a license, deny a license renewal or
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 in the event that the initial licensing survey finds that
the ARCP is noncompliant with any licensing laws or regulations that present a
potential threat to the health, safety, or welfare of the residents.
2. The department shall deny an initial
license in the event that the initial licensing survey finds that the ARCP is
noncompliant with any other required statutes, laws, ordinances, rules or
regulations that present a potential threat to the health, safety, or welfare
of the residents.
3. The department
shall deny an initial license for any of the reasons stated in
§6817. D for which a
license may be revoked or a license renewal may be denied.
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 non-renewed or voluntarily surrendered. There are no
appeal rights for such surrender or non-renewal of the license, as this is a
voluntary cessation of business.
D.
Revocation of License or Denial of License Renewal. An ARCP license may be
revoked or may be denied renewal for any of the following reasons, including
but not limited to:
1. failure to be in
substantial compliance with the ARCP 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
resident rights whereby deficient practices may result in harm, injury, or
death of a resident;
5. failure to
protect a resident from a harmful act of an employee or other resident
including, but not limited to:
a. abuse,
neglect, exploitation, or extortion;
b. any action posing a threat to a residents
health and safety;
c.
coercion;
d. threat or
intimidation; or
e.
harassment;
6. failure
to notify the proper authorities of all suspected cases of neglect, criminal
activity, mental or physical abuse, or any combination thereof;
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,
resident records, or provider records;
d. matters under investigation by the
department, Office of the Attorney General, or any law enforcement agency;
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 the
departments employees or to law enforcement agencies;
9. the use of false, fraudulent or misleading
advertising;
10. fraudulent
operation of an ARCP by the owner, director, officer, member, manager, or other
key personnel as defined by §6813;
11. an owner, officer, member, manager,
director or person designated to manage or supervise resident care who has been
convicted of, or has entered a plea of guilty or nolo contendere (no contest)
to, or 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 this Paragraph, conviction
of a felony means a felony relating to the violence, abuse, or negligence of a
person, or a felony relating to the misappropriation of property belonging to
another person;
12.
failure to comply with all reporting requirements in a timely manner as
required by the department;
13.
failure to allow or refusal to allow the department to conduct an investigation
or survey or to interview provider staff or residents;
14. failure to allow or refusal to allow
access to authorized departmental personnel to records; or
15. bribery, harassment, or intimidation of
any resident designed to cause that resident to use the services of any
particular ARCP.
E. When
a licensed ARCP receives a notice of license revocation or suspension, the ARCP
shall notify its current residents and their representatives/family members (if
applicable) of the license revocation or suspension action. The notice shall:
1. include the following:
a. the action taken by the
department;
b. whether the facility
is appealing the action; and
c.
information regarding a resident's rights to select another ARCP; and
2. be posted in a conspicuous
place inside the licensed premises where residents can access the
notice.
F. In the event
an ARCP license is revoked or renewal is denied, any owner, officer, member,
manager, or director of such ARCP is prohibited from owning, managing,
directing or operating another ARCP for a period of two years from the date of
the final disposition of the revocation or denial action.
1. - 3. Repealed.
G. Operation without License and Penalty
1. An ARCP shall not operate without a
license issued by the department. Any such provider operating without a license
shall be guilty of a misdemeanor and upon conviction shall be fined not more
than $100 for each day of operation without a license up to a maximum of $1,000
or imprisonment of not more than six months, or both. It shall be the
responsibility of the department to inform the appropriate district attorney of
the alleged violation to assure enforcement.
2. If an ARCP is operating without a license
issued by the department, the department shall have the authority to issue an
immediate cease and desist order to that provider. Any such provider receiving
such a cease and desist order from the department shall immediately cease
operations until such time as that provider is issued a license by the
department.
3. The department shall
seek an injunction in the Nineteenth Judicial District Court against any
provider who receives a cease and desist order from the department under
§6817.B and who does not
cease operations immediately.
Any such provider against whom an injunction is granted
shall be liable to the department for attorney fees, costs, and damages.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2166.1-2166.8.
