La. Admin. Code tit. 48 § I-7505

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

Section I-7505 - Denial, Revocation, or Non-Renewal of License

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.

La. Admin. Code tit. 48, § I-7505

Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 25:1846 (October 1999), amended LR 28:508 (March 2002).

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:153 and R.S. 40:2197.