Current through Register Vol. 50, No. 9, September 20, 2024
A.
Notice of an initial license denial, license revocation or denial of license
renewal shall be given to the ASC in writing.
B. The ASC has a right to an administrative
reconsideration of the initial license denial, license revocation or denial of
license renewal. There is no right to an informal reconsideration of a
voluntary non-renewal or surrender of a license by the ASC.
1. The request for the administrative
reconsideration shall be submitted within 15 days of the receipt of the notice
of the initial license denial, license revocation or denial of license renewal.
The request for administrative reconsideration shall be in writing and shall be
forwarded to HSS.
2. The request
for administrative reconsideration shall include any documentation that
demonstrates that the determination was made in error.
3. If a timely request for an administrative
reconsideration is received by HSS, an administrative reconsideration shall be
scheduled and the ASC will receive written notification of the date of the
administrative reconsideration.
4.
The ASC shall have the right to appear in person at the administrative
reconsideration and may be represented by counsel.
5. Correction of a violation or deficiency
which is the basis for the initial license denial, revocation or denial of
license renewal shall not be a basis for reconsideration.
6. The administrative reconsideration process
is not in lieu of the administrative appeals process.
7. The ASC will be notified in writing of the
results of the administrative reconsideration.
C. The ASC has a right to an administrative
appeal of the initial license denial, license revocation or denial of license
renewal. There is no right to an administrative appeal of a voluntary
non-renewal or surrender of a license by the ASC.
1. The ASC shall request the administrative
appeal within 30 days of the receipt of the results of the administrative
reconsideration.
a. The ASC may forego its
rights to an administrative reconsideration, and if so, shall request the
administrative appeal within 30 days of the receipt of the notice of the
initial license denial, license revocation or denial of license
renewal.
2. The request
for administrative appeal shall be in writing and shall be submitted to the
DAL. The request shall include any documentation that demonstrates that the
determination was made in error and shall include the basis and specific
reasons for the appeal.
3. If a
timely request for an administrative appeal is received by the DAL, the
administrative appeal of the license revocation or denial of license renewal
shall be suspensive, and the ASC shall be allowed to continue to operate and
provide services until such time as the department issues a final
administrative decision.
a. If the secretary
of the department determines that the violations of the ASC pose an imminent or
immediate threat to the health, welfare or safety of a patient, the imposition
of the license revocation or denial of license renewal may be immediate and may
be enforced during the pendency of the administrative appeal. If the secretary
of the department makes such a determination, the ASC will be notified in
writing.
4. Correction
of a violation or a deficiency which is the basis for the denial of initial
licensure, revocation or denial of license renewal shall not be a basis for an
administrative appeal.
D. If an existing licensed ASC has been
issued a notice of license revocation, and the ASCs license is due for annual
renewal, the department shall deny the license renewal application. The denial
of the license renewal application does not affect, in any manner, the license
revocation.
E. If a timely
administrative appeal has been filed by the ASC on an initial license denial,
denial of license renewal or license revocation, the DAL shall conduct the
hearing in accordance with the Administrative Procedure Act.
1. If the final decision is to reverse the
initial license denial, denial of license renewal or license revocation, the
ASCs license will be re-instated or granted upon the payment of any licensing
fees, outstanding sanctions or other fees due to the department.
2. If the final decision is to affirm the
denial of license renewal or license revocation, the ASC shall stop rendering
services to patients.
a. Within 10 days of
the final decision, the ASC shall notify HSS, in writing, of the secure and
confidential location where the patient records will be stored.
F. There is no right to
an informal reconsideration or an administrative appeal of the issuance of a
provisional initial license to a new ASC or the issuance of a provisional
license to an existing ASC. An ASC that has been issued a provisional license
is licensed and operational for the term of the provisional license. The
issuance of a provisional license is not considered to be a denial of initial
licensure, denial of license renewal or revocation.
G. An ASC with a provisional initial license
or an existing ASC with a provisional license that expires due to noncompliance
or deficiencies cited at the follow-up survey shall have the right to an
informal reconsideration and the right to an administrative appeal of the
validity of the deficiencies cited at the follow-up survey.
1. The correction of a violation,
noncompliance or deficiency after the follow-up survey shall not be the basis
for the informal reconsideration or for the administrative appeal.
2. The informal reconsideration and the
administrative appeal are limited to whether the deficiencies were properly
cited at the follow-up survey.
3.
The ASC shall request the informal reconsideration in writing, which shall be
received by the Health Standards Section within five calendar days of receipt
of the notice of the results of the follow-up survey from the
department.
4. The ASC shall
request the administrative appeal within 15 days of receipt of the notice of
the results of the follow-up survey from the department. The request for
administrative appeal shall be in writing and shall be submitted to the
DAL.
5. An ASC with a provisional
initial license or an existing ASC with a provisional license that expires
under the provisions of this Chapter shall cease providing services to patients
unless the DAL issues a stay of the expiration.
a. The stay may be granted by the DAL upon
application by the ASC at the time the administrative appeal is filed and only
after a contradictory hearing and only upon a showing that there is no
potential harm to the patients being served by the ASC.
6. If a timely administrative appeal has been
filed by the ASC with a provisional initial license that has expired, or by an
existing ASC whose provisional license has expired under the provisions of this
Chapter, the DAL shall conduct the hearing in accordance with the
Administrative Procedure Act.
a. If the final
decision is to remove all deficiencies, the ASCs license will be re-instated
upon the payment of any outstanding sanctions and licensing or other fees due
to the department.
b. If the final
decision is to uphold the deficiencies thereby affirming the expiration of the
provisional license, the ASC shall cease rendering services to patients.
i. Within 10 days of the final decision, the
ASC shall notify HSS in writing of the secure and confidential location where
the patient records will be stored.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
40:2131-2141.
