La. Admin. Code tit. 48 § I-8013

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

Section I-8013 - Revocation or Denial of Renewal of License

A. The secretary of DHH may deny an application for a license, or refuse to renew a license or revoke a license in accordance with the Administrative Procedure Act. An agency's license may not be renewed and/or may be revoked for any of the following:

1. failure to be in substantial compliance with the CRCC minimum standards;

2. failure to uphold patient rights whereby violations may result in harm or injury;

3. failure of the agency to protect patients/persons in the community from harmful actions of the agency employees; including, but not limited to:

a. health and safety;

b. coercion;

c. threat;

d. intimidation; and

e. harassment;

4. failure to notify proper authorities of all suspected cases of neglect, criminal activity, or mental or physical abuse which could potentially cause harm to the patient;

5. failure to maintain staff adequate to provide necessary services to current active patients;

6. failure to employ qualified personnel;

7. failure to remain fully operational at any time for any reason other than a disaster;

8. failure to submit fees including, but not limited to:

a. annual fee;

b. renewal fee;

c. provisional follow-up fee; or

d. change of agency address or name; or

e. any fines assessed by DHH;

9. failure to allow entry to CRCC or access to any requested records during any survey;

10. failure to protect patients from unsafe, skilled and/or unskilled care by any person employed by CRCC;

11. failure of CRCC to correct violations after being issued a provisional license;

12. agency staff or owner has knowingly, or with reason to know, made a false statement of a material fact in:

a. application for licensure;

b. data forms;

c. clinical records;

d. matters under investigations by the department;

e. information submitted for reimbursement from any payment source;

f. the use of false, fraudulent or misleading advertising;

g. agency staff misrepresented or was fraudulent in conducting CRCC business; or

h. convictions of a felony by an owner, administrator, director of nursing or medical director as shown by a certified copy of the record of the court of conviction; or if the applicant is a firm or corporation, of any of its members or officers, or of the person designated to manage or supervise the CRCC agency; or

13. failure to comply with all reporting requirements in a timely manner.

La. Admin. Code tit. 48, § I-8013

Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 31:448 (February 2005).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2175.14(B).