§2120.70. Operation without license; penalty; exception
A. Except as provided in R.S. 40:2120.67, a PACE provider shall not operate
without a license issued by the department. Any provider, organization, or facility
operating without a license shall be guilty of a misdemeanor and upon conviction
shall be fined no less than two hundred fifty dollars nor more than one thousand
dollars. Each day of violation shall constitute a separate offense. It shall be the
responsibility of the department to inform the appropriate district attorney of the
alleged violation to ensure enforcement.
B. If a PACE provider is operating without a license issued by the
department, the department shall have the authority to issue an immediate cease and
desist order to the provider. Any provider that receives a cease and desist order from
the department shall immediately cease operations until the provider is issued a
license by the department.
C. The department shall seek an injunction in the Nineteenth Judicial District
Court against any PACE provider that receives a cease and desist order from the
department in accordance with Subsection B of this Section and does not cease
operations immediately. Any PACE provider against whom an injunction is granted
shall be liable to the department for attorney fees, costs, and damages.
Acts 2024, No. 444, §1, eff. June 3, 2024.