LAC 50:XXI.101. General Provisions

A. The Department of Health may remove a service provider from the waiver provider freedom of choice list and offer freedom of choice to waiver participants when: 1. one or more of the following departmental proceedings are pending against a waiver participant’s service provider: a. revocation of the provider’s home and community-based services license; b. exclusion from the Medicaid Program; c. termination from the Medicaid Program; or d. withholding of Medicaid reimbursement as authorized by the department’s surveillance and utilization review (SURS) Rule (LAC 50:I.Chapter 41); 2. the service provider fails to timely renew its home and community-based services license as required by the home and community-based services providers licensing standards Rule (LAC 48:I.Chapter 50); or 3. the Louisiana Attorney General’s Office has seized the assets of the service provider. B. The department may offer recipients the freedom to choose another provider if/when the owner(s), operator(s), or member(s) of the governing body of the provider agency is/are under investigation related to: 1. bribery or extortion; 2. tax evasion or tax fraud; 3. money laundering; 4. securities or exchange fraud; 5. wire or mail fraud; 6. violence against a person; 7. act(s) against the aged, children or infirmed; or 8. any crime involving public funds