LAC 48:I.8409. Adverse Actions

A. DHH reserves the right to suspend, deny (initial or renewal), or revoke any license at the discretion of the secretary or his/her designee. B. Provisional License Designation. See §8403.E.2. C. Denial of Initial Licensing. An initial license request may be denied in accordance with R.S. 40:2117.5(A). D. A license may be revoked or denied for any of the following nonexclusive reasons. See also R.S. 40:2117.5: 1. cruelty or indifference to the welfare of the patients; 2. misappropriation or conversion of the property of the patients; or 3. violation of any provision of the End Stage Renal Disease Facilities statute R.S.40:2117 et seq. or of the minimum standards, rules, and regulations, as follows: a. providing services to more stations than authorized by license; b. repeated failure to adhere to rules and regulations that resulted in the issuance of a provisional license or other sanction; c. serious violation of these standards or current professional standards of practice; d. failure to submit corrective action plans for identified violations; e. reasonable cause to suspect that patient health and/or safety is jeopardized; f. reliable evidence that the facility has: i. falsified records; ii. bribed, solicited or harassed any person to use the services of any particular facility; g. failure to submit required fees in a timely manner; h. failure to cooperate with a survey and/or investigation by DHH and/or authorized agencies; or i. failure to meet operational requirements as defined in §8423.C; 4. permitting, aiding, or abetting the unlawful, illicit, or unauthorized use of drugs or alcohol within the facility; 5. conviction or plea of nolo contendere by the applicant for a felony. If the applicant is an agency, the head of that agency must be free of such conviction. If a subordinate employee is convicted of a felony, the matter must be handled administratively to the satisfaction of HSS; 6. documented information of past or present conduct or practices of the facility that are detrimental to the welfare of the patients.