Current through Register Vol. 50, No. 9, September 20, 2024
A. The
department may deny an application for a license, may deny a license renewal,
may suspend a license or may revoke a license in accordance with the provisions
of the Administrative Procedure Act (APA).
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 ABI
facility is non-compliant with any licensing laws or regulations that present a
potential threat to the health, safety, or welfare of the clients or persons
receiving services.
2. The
department shall deny an initial license in the event that the initial
licensing survey finds that the ABI facility is non-compliant with any other
required statutes, laws, ordinances, rules or regulations that present a
potential threat to the health, safety or welfare of the clients or persons
receiving services.
3. The
department shall deny an initial license for any of the reasons that a license
may be revoked or denied renewal.
C. Revocation of License, Suspension of
License or Denial of License Renewal. An ABI facility license may be revoked,
suspended, or denied renewal for any of the following reasons, including but
not limited to:
1. failure to be in
substantial compliance with the ABI facility licensing laws, rules and
regulations;
2. failure to be in
substantial compliance with other applicable 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 client
rights whereby deficient practices may result in harm, injury or death of a
client;
5. failure to protect a
client from a harmful act of an employee or other client including, but not
limited to:
a. abuse, neglect, exploitation,
or extortion;
b. any action posing
a threat to a clients 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, client or
facility records;
d. matters under
investigation by the department or the Office of the Attorney
General;
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 LDH
employees or to law enforcement agencies;
9. the use of false, fraudulent or misleading
advertising;
10. fraudulent
operation of an ABI facility by the owner, director/administrator or
manager;
11. an owner, officer,
member, manager, director/administrator or person designated to manage or
supervise participant care 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;
NOTE: For purposes of this paragraph, conviction of a
felony means a felony relating to the violence, abuse or negligence of a
person, or 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. submission of
non-sufficient funds for any payment to the department;
14. failure to allow or refusal to allow the
department to conduct an investigation or survey or to interview facility staff
or participants;
15. failure to
allow or refusal to allow access to authorized departmental personnel to
records; or
16. bribery,
harassment, or intimidation of any participant designed to cause that
participant to use the services of any particular ABI facility.
E. If the secretary of the
department determines that violations of the facility pose an imminent or
immediate threat to the health, welfare or safety of a participant or person
receiving services, the secretary may suspend the license. A license suspension
is immediate and shall be enforced during the pendency of the administrative
appeal. If the secretary of the department makes such a determination, the
facility will be notified in writing of such determination.
F. In the event an ABI facility license is
revoked, suspended or renewal is denied, any owner, officer, member, manager
and director/administrator of such ABI facility is prohibited from owning,
managing, directing or operating another ABI facility for a period of two years
from the date of the final disposition of the revocation, suspension or denial
action.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 36:254 and
40:2120.31-40.
