Louisiana Revised Statutes 40:2009.6 – Denial, revocation, or nonrenewal of license; grounds
Terms Used In Louisiana Revised Statutes 40:2009.6
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
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 La. Rev. Stat. 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 La. Rev. Stat. 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 La. Rev. Stat. 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.
Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §9; Acts 1997, No. 795, §2; Acts 2018, No. 206, §4.