Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 84 - End Stage Renal Disease Treatment Facilities
Subchapter A - General Provisions
Section I-8409 - Adverse Actions

Universal Citation: LA Admin Code I-8409

Current through Register Vol. 50, No. 9, September 20, 2024

A. DHH reserves the right to suspend, deny (initial or renewal), or revoke any license at the discretion of the secretary or his/her designee.

B. Provisional License Designation. See §8403. E 2

C. Denial of Initial Licensing. An initial license request may be denied in accordance with R.S. 40:2117.5(A).

D. A license may be revoked or denied for any of the following nonexclusive reasons. See also R.S. 40:2117.5:

1. cruelty or indifference to the welfare of the patients;

2. misappropriation or conversion of the property of the patients; or

3. violation of any provision of the End Stage Renal Disease Facilities statute R.S.40:2117 et seq. or of the minimum standards, rules, and regulations, as follows:
a. providing services to more stations than authorized by license;

b. repeated failure to adhere to rules and regulations that resulted in the issuance of a provisional license or other sanction;

c. serious violation of these standards or current professional standards of practice;

d. failure to submit corrective action plans for identified violations;

e. reasonable cause to suspect that patient health and/or safety is jeopardized;

f. reliable evidence that the facility has:
i. falsified records;

ii. bribed, solicited or harassed any person to use the services of any particular facility;

g. failure to submit required fees in a timely manner;

h. failure to cooperate with a survey and/or investigation by DHH and/or authorized agencies; or

i. failure to meet operational requirements as defined in §8423 C;

4. permitting, aiding, or abetting the unlawful, illicit, or unauthorized use of drugs or alcohol within the facility;

5. conviction or plea of nolo contendere by the applicant for a felony. If the applicant is an agency, the head of that agency must be free of such conviction. If a subordinate employee is convicted of a felony, the matter must be handled administratively to the satisfaction of HSS;

6. documented information of past or present conduct or practices of the facility that are detrimental to the welfare of the patients.

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:153 and R.S. 40:2117.4.

Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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