La. Admin. Code tit. 50, § XXI-101 - General Provisions
A. The
Department of Health may remove a service provider from the waiver provider
freedom of choice list and offer freedom of choice to waiver participants when:
1. one or more of the following departmental
proceedings are pending against a waiver participant's service provider:
a. revocation of the provider's home and
community-based services license;
b. exclusion from the Medicaid
Program;
c. termination from the
Medicaid Program; or
d. withholding
of Medicaid reimbursement as authorized by the department's surveillance and
utilization review (SURS) Rule (LAC 50:I.Chapter 41);
2. the service provider fails to timely renew
its home and community-based services license as required by the home and
community-based services providers licensing standards Rule (LAC 48:I.Chapter
50); or
3. the Louisiana Attorney
General's Office has seized the assets of the service provider.
B. The department may offer
recipients the freedom to choose another provider if/when the owner(s),
operator(s), or member(s) of the governing body of the provider agency is/are
under investigation related to:
1. bribery or
extortion;
2. tax evasion or tax
fraud;
3. money
laundering;
4. securities or
exchange fraud;
5. wire or mail
fraud;
6. violence against a
person;
7. act(s) against the aged,
children or infirmed; or
8. any
crime involving public funds
Notes
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