La. Admin. Code tit. 48 § I-4629

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

Section I-4629 - Temporary Management

A. The department may require the immediate appointment of a temporary manager, at the facility's expense, to:

1. oversee the operation of the facility; and

2. ensure the health, safety, and welfare of the facility's resident(s), patient(s), or client(s).

B. Temporary management may be imposed for any violation of statute, rule or regulation including, but not limited to:

1. a violation of a rule or regulation that creates a condition or occurrence relating to the maintenance and/or operation of a facility which results in death or serious harm to the resident(s), patient(s) or client(s);

2. a violation of a rule or regulation in which a condition or occurrence relating to the maintenance and/or operation of a facility is created and results in the substantial probability of death, serious physical harm or mental harm to the resident(s), patient(s) or client(s);

3. a repeat violation of a rule or regulation in which a condition or occurrence relating to the maintenance and/or operation of a facility creates a potential for harm by directly threatening the health, safety, or welfare of the resident(s), patient(s), or client(s);

4. when there is a breakdown in the care and services at a facility and the efforts of the facility have not been successful in correcting the deficiencies;

5. when a licensee or its management has abandoned its clients;

6. when a licensee or its management has abandoned the facility which jeopardizes the health, safety and/or welfare of the facility's clients; or

7. when a facility is closing within 30 calendar days and the department has reasonable cause to believe that inadequate arrangements have been made to relocate the clients and may result in adverse effects to the clients.

C. This sanction shall be enforced and in effect during the pendency of the facility's administrative reconsideration and/or appeal.

D. Cost of Temporary Management

1. The facility shall be responsible for all costs of temporary management.

2. The department shall undertake any means to recover the payment of temporary management including, but not limited to, withholding or recouping from the facility's Medicaid reimbursement.

3. Failure to reimburse the department for the cost of temporary management shall result in the facility's owners, managers, officers, directors and administrator being prohibited from operating, managing, directing or owning a licensed health care facility for a period of two years from the latter of the date the sanction is lifted or the date the sanction is upheld through the appeal process.

E. Powers and Duties of the Temporary Manager

1. The facility must provide the temporary manager with sufficient power and duties to address, correct and/or ameliorate the deficiencies that led to the imposition of the temporary management sanction.

2. The temporary manager's powers and duties are subject to the approval of the department.

F. Qualifications and Compensation of a Temporary Manager. The facility shall appoint a temporary manager who is:

1. qualified by education and experience to perform the duties required of the temporary management;

2. subject to the approval of the department; and

3. adequately compensated by the facility for the performance of his/her duties as temporary manager.

G. The department may end the temporary management of a facility when it determines that the facility is in compliance with the laws, rules or regulations for a sufficient time period as determined by the department.

La. Admin. Code tit. 48, § I-4629

Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 39:3082 (November 2013), Amended LR 491217 (7/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2009.11, 40:2009.23, 40:2199 and 40:2199.1.