This text of Louisiana § 40:2116.36 (Denial, revocation, or nonrenewal of license; grounds) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§2116.36. Denial, revocation, or nonrenewal of license; grounds
A. An application for a license shall be denied for failure to achieve substantial
compliance with minimum standards prescribed by the secretary of the Louisiana Department
of Health.
B. A license to operate may be suspended pending proceedings for revocation or
other action if the department finds the public health, safety, or welfare clearly requires
emergency action.
C. A license shall be immediately denied or revoked if the department determines
that the agency knowingly and willfully or through gross negligence allowed or directed
actions which resulted in:
(2)Failure to uphold patient rights resulting in actual or potential harm or injury.
(3)Failure to protect patients/persons in the community
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§2116.36. Denial, revocation, or nonrenewal of license; grounds
A. An application for a license shall be denied for failure to achieve substantial
compliance with minimum standards prescribed by the secretary of the Louisiana Department
of Health.
B. A license to operate may be suspended pending proceedings for revocation or
other action if the department finds the public health, safety, or welfare clearly requires
emergency action.
C. A license shall be immediately denied or revoked if the department determines
that the agency knowingly and willfully or through gross negligence allowed or directed
actions which resulted in:
(1) Cruelty to patients.
(2) Failure to uphold patient rights resulting in actual or potential harm or injury.
(3) Failure to protect patients/persons in the community from harmful actions of the
agency employees, including but not limited to coercion, threat, intimidation, solicitation,
and harassment.
(4) Failure to notify an appropriate governmental agency of any suspected cases of
neglect, criminal activity, or mental or physical abuse which could potentially cause harm
to the patient.
(5) Acceptance of a patient when the agency has insufficient capacity to provide care
for that patient.
(6) Misrepresentation or other fraudulent conduct in any aspect of the conduct of the
home care business.
(7) Bribery, harassment, or intimidation of any person designed to cause that person
to use the services of any particular home health agency.
(8)(a) Pleading guilty to, pleading nolo contendere to, or conviction of a felony by
an owner, administrator, or director of nursing as shown by a certified copy of the record of
the court of conviction, or if the applicant is a firm or corporation, when any of its members
or officers, or the person designated to manage or supervise the home care, has been
convicted of a felony.
(b) For purposes of this Paragraph "conviction of a felony" means and includes:
(i) Conviction of a criminal offense related to that person's involvement in any
program under Medicare, Medicaid, or Title XX services program since the inception of
those programs.
(ii) Conviction of a felony relating to violence, abuse, and/or neglect of a person.
(iii) Conviction of a felony related to the misappropriation of property belonging to
another person.
D. A license may be denied, revoked, or not renewed for failure to correct any
violation of law and regulation for which a provisional license may have been issued under
R.S. 40:2116.32(D) and this Section.
E. A license may be denied, revoked, or not renewed for failure to allow surveyors
entry when the department attempts to conduct a survey or for denial to department surveyors
of access to records.