face and is considered voluntarily surrendered. There are no appeal rights for such surrender or non-renewal of the license, as this is a voluntary action on the part of the provider.
D.Revocation of License or Denial of License Renewal. An ADHC license may be revoked or may be denied renewal for any of the following reasons including, but not limited to:
1.failure to be in substantial compliance with the ADHC licensing laws, rules, and regulations;
2.failure to be in substantial compliance with other required statutes, laws, ordinances, rules, and regulations;
3.failure to uphold participant rights whereby deficient practices may result in harm, injury, or death of a participant;
4.failure to protect a participant from a harmful act of an employee including, but not limited to:
a.abuse, neglect, exploitation, or extortion;
b.any action posing a threat to a participant’s health and safety;
d.threat or intimidation; or
5.failure to notify the proper authorities of all suspected cases of neglect, criminal activity, mental or physical abuse, or any combination thereof;
6.knowingly making a false statement in any of the following areas including, but not limited to:
a.application for initial license or renewal of license;
d.matters under investigation by the department or the Office of the Attorney General;
e.information submitted for reimbursement from any payment source;
7.knowingly making a false statement or providing false, forged, or altered information or documentation to DHH employees or to law enforcement agencies;
8.the use of false, fraudulent, or misleading advertising;
9.an owner, officer, member, manager, director, or person designated to manage or supervise participant care has pled guilty or nolo contendere to a felony, or has been convicted of a felony, as documented by a certified copy of the record of the court;
a.for purposes of this paragraph, conviction of a felony means a felony relating to the violence, abuse, or negligence of a person, or a felony relating to the misappropriation of property belonging to another person;
10.failure to comply with all reporting requirements in a timely manner as required by the department;
11.failure to allow or refusal to allow the department to conduct an investigation or survey or to interview provider staff or participants;
12.failure to allow, or refusal to allow, access to authorized departmental personnel to records;
13.bribery, harassment, or intimidation of any participant designed to cause that participant to use the services of any particular ADHC provider; or
14.cessation of business or non-operational status.
E.In the event an ADHC license is revoked or renewal is denied, (other than for cessation of business or non-operational status) any owner, officer, member, manager, or director of such ADHC center is prohibited from owning, managing, directing, or operating another ADHC center for a period of two years from the date of the final disposition of the revocation or denial action.
AUTHORITY NOTE:Promulgated in accordance with R.S. 36:254 and 40:2120.41-46.
HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 34:2180 (October 2008).
§4219.Notice and Appeal of License Denial, Revocation, and Non-Renewal
A.Notice of a license denial, license revocation, or license non-renewal shall be given to the provider in writing.
B.The ADHC provider has a right to an informal reconsideration of the license denial, license revocation, or license non-renewal.
1.The ADHC provider shall request the informal reconsideration within 15 days of the receipt of the notice of the license denial, license revocation, or license non-renewal. The request for informal reconsideration shall be in writing and shall be forwarded to the department's Health Standards Section.
2.The request shall include any documentation that demonstrates that the determination was made in error.
3.If a timely request is received by HSS, an informal reconsideration shall be scheduled and the provider will receive written notification.
4.The provider shall have the right to appear in person at the informal reconsideration and may be represented by counsel.
5.Correction of a violation or deficiency which is the basis for the denial, revocation or non-renewal, shall not be a basis for reconsideration.
6.The informal reconsideration process is not in lieu of the administrative appeals process and does not extend the time limits for filing an administrative appeal of the license denial, revocation, or non-renewal.
C.The ADHC provider has a right to an administrative appeal of the license denial, license revocation, or license non-renewal.
1.The ADHC provider shall request the administrative appeal within 30 days of the receipt of the notice of the license denial, license revocation, or license non-renewal. The request for administrative appeal shall be in writing and shall be submitted to the DHH Bureau of Appeals.
2.The request for administrative appeal shall include any documentation that demonstrates that the determination was made in error and shall include the basis and specific reasons for the appeal.
3.If a timely request for an administrative appeal is received by the Bureau of Appeals, the license revocation or license non-renewal will be suspended during the pendency of the appeal. However, if the Secretary of the department determines that the violations of the center pose an imminent or immediate threat to the health, safety, or welfare of a participant, the imposition of the license revocation or license non-renewal may be immediate and may be enforced during the pendency of the administrative appeal. If the Secretary of the department makes such a
Louisiana Register Vol. 34, No. 10 October 20, 2008