La. Public Health and Safety § 40:2009.6

Current with changes from the 2024 Legislative Session

Section 40:2009.6 - Denial, revocation, or nonrenewal of license; grounds

A. An application for a license may be denied for any of the following reasons:

(1) Failure to meet any of the minimum standards prescribed by the department under R.S. 40:2009.4(A).

(2) Conviction of a felony, as shown by a certified copy of the record of the court of conviction of the applicant; or, if the applicant is a firm or corporation, conviction of any of its members or officers of a felony; or conviction of the person designated to manage or supervise the home of a felony.

(3) If the supervisor of the home is not reputable.

(4) If the staff or a member of the staff is temperamentally or otherwise unsuited for the care of the patients in the home.

B. A license may be revoked, or a renewal thereof denied for any of the following reasons:

(1) Cruelty or indifference to the welfare of the residents.

(2) Misappropriation or conversion of the property of the residents.

(3) Violation of any provision of R.S. 40:2009.1 through 2009.11 or of minimum standards, rules and regulations, or orders of the department promulgated thereunder.

(4) Any ground upon which an application for a license may be denied as prescribed in Subsection A of this Section.

(5)

(a) When a nursing facility has failed to timely report or pay a fee or has been delinquent in payment of any fee owed to the department, including specifically provider fees imposed pursuant to R.S. 46:2625, on more than three occasions. Revocation shall be stayed during the pendency of any agency administrative appeal filed by a health care provider who contests or disputes the delinquency fee or fine.

(b) For purposes of this Paragraph, a nursing facility shall be considered to be delinquent on the tenth day following the date on which the report or fee is due.

La. Public Health and Safety § 40:2009.6

Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §9; Acts 1997, No. 795, §2; Acts 2018, No. 206, §4.

Amended by Acts 2018, No. 206,s. 4, eff. 8/1/2018.

Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §9; Acts 1997, No. 795, §2.