La. Admin. Code tit. 48 § I-10089

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-10089 - Allegations of Medication Attendant Certified Wrong-Doing

A. The department, through its Division of Administrative Law or successor entity, has provided for a process of the review and investigation of all allegations of resident abuse, neglect or misappropriation of residents property or funds by MACs.

B. In the event of an allegation of wrong-doing, MACs shall be bound by the department's established:

1. reporting requirements;

2. informal dispute resolution policies; and

3. appeal and administrative hearing provisions:

a. the formal hearing shall be conducted according to formal hearing procedures set forth in the Administrative Procedure Act.

4. - 4.a. Repealed.

C. Through the formal hearing process, determinations will be made on both the certificate for MAC pursuant to this Section and the certificate for CNA practice in accordance with LAC 48:I.§10061-§10079

1. If the allegation of wrongdoing results in determinations being made against both the MAC and CNA certification simultaneously, both certifications must be brought to informal dispute resolution or appeal together.

La. Admin. Code tit. 48, § I-10089

Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 34:1417 (July 2008), amended by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 38:1250 (May 2012), Amended by the Department of Health, Bureau of Health Services Financing, LR 4633 (1/1/2020), Amended LR 49695 (4/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 37:1026.1 et seq.