La. Admin. Code tit. 48 § I-7725

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-7725 - Survey Activities

A. The department, or its designee, may conduct periodic licensing surveys, complaint surveys, and other surveys as deemed necessary to ensure compliance with all laws, rules and regulations governing NSA and to ensure the health, safety and welfare of an individual or individuals receiving services from employees or contracted staff of the NSA. These surveys shall be unannounced.

1. The department, or its designee, upon receiving a complaint from any interested person regarding allegations that a NSA is operating without a valid license issued by the department, may investigate any entity, person or persons.

B. Complaint investigations shall be conducted in accordance with R.S. 40:2009.13 et seq., or current law.

C. The department shall require an acceptable plan of correction from a NSA for any survey or complaint investigation where deficiencies or noncompliance(s) have been cited, regardless of whether the department takes other action against the healthcare facility for the deficiencies or noncompliance(s) cited in the survey or complaint investigation. The acceptable plan of correction shall be submitted within the prescribed timeframe to the department for approval.

D. A follow-up survey may be conducted for any survey or complaint investigation where deficiencies or noncompliance(s) have been cited to ensure correction of the deficient or noncompliant practice(s).

E. The department may issue sanctions, allowed under current state law or regulation, for deficiencies or noncompliance(s) and violations of law, rules, and regulations. Sanctions include, but are not limited to:

1. civil fines;

2. directed plans of correction;

3. license revocation; and/or

4. denial of license renewal.

F. LDH surveyors and staff shall be:

1. given access to all areas of the NSA agency, to all relevant administrative files during any survey as necessary or required to conduct the survey and/or complaint investigation, and all files relevant to monitor the usage of the NSA services to determine their impact. If the department conducts a survey as an administrative survey, the NSA shall provide all requested documentation and records to the department in electronic format by the end of the next business day from the request; and

2. allowed to interview any NSA employees or contracted staff or other persons as necessary or required to conduct the survey.

G. The NSA shall cooperate in any survey or complaint investigation conducted by the department. Failure to cooperate or timely produce any documentation for inspection or survey may result in action up to and including license revocation.

H. The department shall assess the NSA a survey or complaint investigation fee, not to exceed $1,000 for any complaint survey or complaint investigation conducted by the department at which deficiencies are substantiated.

1. This survey or complaint investigation fee shall be imposed by the department only after the NSA has completed the administrative process which has upheld the deficiencies or noncompliance or the time for filing any administrative appeal has expired.

2. The survey or complaint investigation fee shall not exceed the cost of performing the survey.

3. This fee shall be in addition to any other sanctions.

La. Admin. Code tit. 48, § I-7725

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 491737 (10/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254.