Current through Register Vol. 50, No. 9, September 20, 2024
A. The Secretary of DHH may deny an
application for a license, refuse to renew a license or revoke a license when
an investigation reveals that the applicant or licensee is not in conformance
with or in violation of the provisions of
R.S.
40:2197, provided that in all such cases, the
Secretary shall furnish the applicant or licensee 30 calendar days written
notice specifying the reasons for the action.
B. A rural health clinic license may be
denied, revoked, or non-renewed for any of, but not limited to, the following
reasons:
1. failure to meet any of the
minimum standards, rules and regulations as prescribed under
R.S.
40:2197;
2. conviction of a felony, as shown by a
certified copy of the applicant's record of the court of conviction, or if the
applicant is a firm or corporation, on any of its members or officers, or of
the person designated to manage or supervise the facility; or if the supervisor
of the facility is not reputable; or if the staff or a member of the staff is
temperamentally or otherwise unsuited for the care of the patients in the
facility. For the purposes of this Paragraph,
conviction of a
felony means and includes:
a.
conviction of a criminal offense related to that person's involvement in any
program under Medicare or Medicaid, since the inception of those
programs;
b. conviction of a felony
relating to violence, abuse and/or neglect of a person;
c. conviction of a felony related to the
misappropriation of property belonging to another person;
3. failure to comply with all federal, state
and local laws;
4. failure of the
facility to protect patients/persons in the community from harmful actions of
the clinic employees, including but not limited to:
a. health;
b. safety;
c. coercion;
d. threat;
e. intimidation;
f. solicitation; and
g. harassment;
5. failure to maintain adequate staff to
provide necessary services to current active patients;
6. failure to employ qualified
personnel;
7. failure to remain
fully operational at all times for any reason other than a disaster;
8. failure to submit fees, including but not
limited to, annual renewal fee at least 30 days prior to the license expiration
date;
9. failure to allow entry to
the rural health clinic or access to any requested records during any state or
federal survey;
10. cruelty to
patients.
C. Any
involuntary termination, failure to renew, or voluntary termination of the
facility's license to avoid adverse action will automatically prevent the
facility, the facility owners, professional staff, administrative staff, family
members and others as appropriate from applying for a RHC license, or from
owning or working with a rural health clinic, for at least one year. Persons
who own 5 percent or more of a facility are considered owners.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
46:153 and
R.S.
40:2197.
