La. Admin. Code tit. 46 § XLIX-1105

Current through Register Vol. 50, No. 11, November 20, 2024

Section XLIX-1105 - Refusal, Suspension and Revocation of License

A. Board Review; Notice of Hearing

1. Upon the determination that a licensee or administrator-in-training applicant has violated one or more provisions of this Part the board may suspend, revoke, or refuse to issue a license or certificate of registration for nursing home administrator found in violation of this Part. In addition, the board may place a licensed administrator on probation, and/or in remedial training, and/or officially reprimand or otherwise discipline a licensee or administrator-in-training applicant, including but not limited to the imposition of a fine as set forth in this Part.

2. Once a complaint under the categories that follow has been received by the board, the board shall provide licensee or administrator-in -training applicant with adequate notice and an opportunity to respond as provided in Chapter 13 of this Part.

a. Category One

i. has violated any of the provisions of the law, code, rules, or regulations of the agency of the state, or political subdivisions thereof, having jurisdiction over licensing and operating of nursing facilities, which violation resulted in a threat to the safety and health of the resident(s) of the facility;

ii. has submitted false claims in excess of $500 for services that were not rendered by the facility;

iii. has failed to maintain the required records and to follow federal and state procedures for the handling of residents' personal funds;

iv. has failed to handle and/or account for facility funds in accordance with generally accepted accounting principles;

v. has attempted to secure or procure a nursing home administrator license in a manner inconsistent with rules and regulations of the board;

vi. has been found guilty or pled guilty or nolo contendere to use of any drug listed in Schedule I of the Louisiana Criminal Code;

vii. has demonstrated physical or mental inability to operate a nursing facility under his jurisdiction in a manner consistent with federal and state standards and rules and regulations of the board;

viii. has practiced while license is in suspension;

ix. has transferred or surrendered possession, either temporarily or permanently, of his license or certificate to any other person;

x. has failed to re-register his license as required by the board.

xi. has used alcohol, narcotics, or other drugs in a manner that interferes with the actual ability to practice as a nursing facility administrator or train as a administrator-in -training applicant.

b. Category Two

i. has intentionally violated any provision of law, code, rules, or regulations of the agency of the state, or political subdivisions thereof, having jurisdiction over licensing and operations of nursing facilities, which violation does not result in a threat to the health and safety of residents of the facility;

ii. has submitted false claims of less than $500 for services that were not rendered by the facility;

iii. has committed acts of misconduct in the operation of a nursing home, which includes but is not limited to discrimination, sexual harassment, or failure to attend to duties of the administrator;

iv. has impersonated another licensee; and

v. has violated any of the provisions of the law pertaining to the licensing of administrators, or rules and regulations of the board pertaining thereto.

c. Category Three

i. has practiced misleading, or deceptive advertising;

ii. has paid, given, has caused to be paid or given or offered to pay or to give a commission or other consideration for solicitation or procurement, either directly or indirectly, of nursing home residents to any referral source which shall include, but not be limited to hospitals, other nursing homes, physicians, clinics, dentists, nurses, home health agencies, and social workers;

iii. has failed to practice according to the professional ethics established by the board;

iv. has directly or indirectly condoned, directed, or allowed actions by his subordinates which are in violation of the aforementioned rules.

d. Category Four

i. has failed to notify the board in writing of any and all changes in name, address, position, and other such information included on their initial registration and any subsequent changes thereto.

e. Category Five. Has committed a subsequent violation of category one, two, or three within a five-year period of having been found in violation of this Part by the board.

3. Disciplinary Action

a. Category One. A fine of not less than $500 nor more than $2,000, and/or probation not to exceed three years, and/or suspension of license for not less than 30 days nor more than three years, denial of licensure and/or remedial training, counseling or revocation of license.

i. A fine of not less than $150 nor more than $2,000, and/or probation not to exceed three years, and/or suspension of license for not less than 30 days nor more than three years, and/or remedial training or revocation of license.

ii. Failure to re- register a license as required by the board results in a suspension. Provided further the licensee shall not practice until re-registered. Failure to re -register within 6 months of annual re-registration deadline will result in the lapse of such license unless extended by the board at its discretion.

b. Category Two. A fine of not less than $250 nor more than $1,500, and/or probation not to exceed two years, and/or suspension of license for not less than 30 days nor more than two years, and/or remedial training.

c. Category Three. A fine of not less than $125 nor more than $1,000, and/or probation not to exceed one year, and/or suspension of license for up to one year, and/or remedial training.

d. Category Four. A fine of not less than $50 nor more than $100.

e. Category Five. A fine of not less than $500 nor more than $5,000 and/or probation not to exceed five years and/or suspension of license for not less than 30 days nor more than five years and/or remedial training, or revocation of license.

B. Definitions

Extenuating Circumstances-illness or other debilitating condition, military duty, or other circumstance beyond the immediate control of the licensee as determined by the board.

False Claims-Medicare and/or Medicaid claims submitted to the fiscal intermediary in which billing is not consistent with federal and state regulations covering reimbursable costs.

Generally Accepted Accounting Principles-the accounting standards and principles developed primarily under influence of the Financial Accounting Standards Board and generally used by practicing accountants.

Intentionally-full knowledge and forethought of what one is doing and the consequences of his actions.

Probation-a trial period determined by the board during which licensee must not commit any offense that requires action of the board. To do so may result in suspension or revocation of license. Other conditions of probation may be established such as remedial training, attending certain training courses, supervision by a preceptor/consultant, and regular reports to the board.

Remedial Training-program in which the licensee secures services of a board-qualified preceptor consultant for a specified period of time. The consultant, under direction of the board office:

a. makes study-assignments of board rules and regulations, standards of payment, federal and state regulations governing nursing facilities, and other appropriate materials;

b. examines licensee on his knowledge of assignments, and makes reports to the board. The board may require licensee to re-take national and state examinations and attend certain training courses.

C. Voluntary surrender of a license is allowed provided a statement is signed and notarized by licensee stating his desire to submit to voluntary surrender of license and all benefits thereof, except no person may surrender his license while under investigation or indictment on any matter pertaining to the operation of a nursing home.

La. Admin. Code tit. 46, § XLIX-1105

Adopted by the Department of Health and Human Resources, Board of Examiners of Nursing Home Administrators, April 1970, amended and promulgated LR 6:276 (June 1980), amended LR 9:461 (July 1983), LR 12:366 (June 1986), amended by Department of Health and Hospitals, Board of Examiners of Nursing Home Administrators, LR 15:195 (March 1989), repealed and repromulgated LR 18:181 (February 1992), amended by the Board of Examiners of Nursing Facility Administrators, LR 37:595 (February 2011), LR 39:1046 (April 2013), LR 41:97 (January 2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2504, R.S. 37:2509 and R.S. 37:2510.