§2009.23. Adoption of rules; denial of payments; fines; temporary management; alternate remedies

           A. The Louisiana Department of Health is hereby authorized to and shall adopt rules in accordance with the Administrative Procedure Act, to provide remedies mandated by federal law which may include:

           (1) The denial of payment with respect to any individual admitted to a nursing facility when mandated by federal law.

           (2) The use of civil fines assessed and collected for violation of conditions mandated by federal law, such funds to be applied as mandated by federal law.

           (3) The procedure and requirements concerning the appointment of temporary management of a nursing facility as mandated by federal law.

           (4) The closure of a nursing facility, the transfer of residents in such facility, or both, in the case of an emergency, as mandated by federal law.

           (5) Alternate remedies to deter noncompliance and correct deficiencies.

           B. The department, by rule adopted pursuant to the Administrative Procedure Act, shall specify criteria as to when and how each remedy is to be applied, the amount of any fine within the limits specified by law, and the severity of the remedies to be used in the imposition of such remedies as mandated by federal law.

           C. The department shall enforce rules adopted pursuant to this Section and, when determined necessary, may petition a court of competent jurisdiction to judicially enforce any such rule.

           Acts 1989, No. 719, §1, eff. July 8, 1989.