LAC 48:I.8207. Revocation or Denial of Initial License or Renewal of License

A. The secretary of LDH may deny an application for a license, or refuse to renew a license or revoke a license in accordance with R.S. 40:2187-2188. 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 hospice minimum standards; 2. failure to provide services essential to the palliative care of terminally ill individuals; 3. failure to uphold patient rights whereby violations may result in harm or injury; 4. failure of agency to protect patients/persons in the community from harmful actions of the agency employees; including, but not limited to, health and safety, coercion, threat, intimidation, and harassment; 5. 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; 6. failure to maintain staff adequate to provide necessary services to current active patients; 7. failure to employ qualified personnel; 8. failure to submit fees including, but not limited to, annual fee, renewal fee, provisional follow-up fee, or change of agency address or name, or any fines assessed by LDH; 9. failure to allow surveyors entry to hospice agency or access to any requested records during any survey; 10. failure to protect patient from unsafe skilled and/or unskilled care by any person employed or contracted by the agency; 11. 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 record; d. matter under investigation by the department; e. information submitted for reimbursement from any payment source; f. the use of false, fraudulent or misleading advertising; g. that the agency staff misrepresented or was fraudulent in conducting hospice 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 of the above individual; 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 hospice agency; 12. failure to maintain proper insurance; or 13. failure to comply with all reporting requirements in a timely manner.