§ 40:2009.15 — Investigation report

Louisiana § 40:2009.15

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

Text

§2009.15. Investigation report
A. The report of the investigation by the department shall state whether
any state licensing law, or any minimum standard, rule, regulation, or plan of
correction of the Louisiana Department of Health, or any federal certification
rule affecting the health care provider, or any standard relating to the health,
safety, care, or treatment of consumers has been violated. If such violation is
found to exist, the appropriate departmental staff shall promptly provide notice
to the secretary or his designee of such violation. The secretary or his designee
shall take appropriate action as authorized by Subsection B of this Section.
Results of the investigation, including any notification of violations or
deficiencies as provided in Subsection C of this Section, shall be sent by
certified mail or hand delivered to the complainant and to the health care
provider.
B. Upon receipt of such notice of violation from the department, the
secretary shall consider:
(1) For violation of a federal certification rule or standard, appropriate
action to terminate the health care provider's participation in the Medicaid
program, the Medicare program, or both.
(2) For any violation which jeopardizes the health or safety of the
consumer or consumers, appropriate steps to revoke the license pursuant to the
authority granted under the licensing law for that type of health care provider.
(3) For any identified violations, imposing a sanction against the health
care provider as authorized by law.
C.(1) If deficient practices are identified, the department shall notify
the health care provider of the violation, list the rules or laws violated, and
solicit a plan of correction from the health care provider.
(2) A health care provider which is required to correct identified
violations may submit a written request to the department for informal
reconsideration regarding the validity of the violations of the law or rule
specified in the notice. This request must be received by the department within
ten days of the health care provider's receipt of the notice. The complainant
shall also be afforded an opportunity to request an informal reconsideration of
the findings. Such a request must be made within thirty days of the
complainant's receipt of the results of the investigation. The department shall
schedule the requested informal reconsideration in a timely manner.
(3) The time periods specified in this Subsection shall commence with
receipt by the health care provider of the notice specifying the corrective
actions to be taken.

Legislative History

Added by Acts 1978, No. 687, §2; Acts 1990, No. 859, §1; Acts 1997, No. 1002, §§1, 2.