§ 40:2009.10.1 — Immediate jeopardy violations in a licensed nursing home

Louisiana § 40:2009.10.1

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§2009.10.1. Immediate jeopardy violations in a licensed nursing home
A. Except as otherwise provided in Subsection C of this Section, if the Louisiana
Department of Health identifies an immediate jeopardy violation during the course and scope
of a survey of a licensed nursing home, the department shall notify the administrator or his
designee of such violation and make available an opportunity to speak via telephone with a
department supervisor prior to the surveyor's exiting the facility if the survey is conducted
during regular working hours. If the survey is conducted during a time not considered
regular working hours, the administrator shall have the opportunity to speak with a
department supervisor during the next business morning.
B. If an immediate jeopardy violation is noted, the department shall present the
administrator or his designee with a warning that immediate action is required to remedy the
violation and preserve appeal rights as significant fines may be imposed by the Centers for
Medicare and Medicaid Services. The warning notice shall be clear and in writing in a
standard form developed by the department that includes an explanation of the basis for the
citation.
C. If the department identifies an immediate jeopardy violation after the department
surveyors have exited the licensed nursing home, the department shall notify the
administrator or his designee of such violation by telephone, shall forward the notice
described in Subsection B of this Section to the administrator or his designee via electronic
or facsimile transmission, and shall provide an opportunity to speak via telephone with a
department supervisor during the next business morning after such notification. Such
notification shall be provided to the nursing home on an expedited basis.

Legislative History

Acts 2016, No. 385, §1.