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 provider in writing.
B. The HCBS provider 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 administrative
reconsideration of a voluntary non-renewal or surrender of a license by the
provider.
1. The HCBS provider shall request
the administrative reconsideration within 15 calendar 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 the department's Health Standards Section.
The request for administrative reconsideration shall be considered timely if
received by the Health Standards Section within 15 days from the provider's
receipt of the notice.
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 provider will receive written notification of the date of the
administrative reconsideration.
4.
The provider 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 provider will be notified in writing
of the results of the administrative reconsideration.
C. The HCBS provider 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 provider.
1. The HCBS provider shall request the
administrative appeal within 30 days of the receipt of the results of the
administrative reconsideration.
a. The HCBS
provider may forego its rights to an administrative reconsideration, and if so,
shall request the administrative appeal within 30 calendar days of the receipt
of the written notice of the initial license denial, revocation or denial of
license renewal.
2. The
request for administrative appeal shall be in writing and shall be submitted to
the Division of Administrative Law, or its successor. 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 Division of Administrative Law, or its successor, the
administrative appeal of the license revocation or denial of license renewal
shall be suspensive, and the provider 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 provider pose an
imminent or immediate threat to the health, welfare or safety of a client, 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 provider
will be notified in writing.
4. Correction of a violation or a deficiency
which is the basis for the initial license denial, license revocation or denial
of license renewal shall not be a basis for an administrative appeal.
D. If an existing licensed HCBS
provider has been issued a notice of license revocation, and the provider's
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 provider on an initial license denial, denial of license renewal
or license revocation, the Division of Administrative Law, or its successor,
shall conduct the hearing in accordance with the Administrative Procedure Act.
1. If the final agency decision is to reverse
the initial license denial, denial of license renewal or license revocation,
the provider's 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 agency
decision is to affirm the denial of license renewal or license revocation, the
provider shall discharge any and all client's receiving services according to
the provisions of this Chapter.
a. Within 10
calendar days of the final agency decision, the provider shall notify HSS, in
writing, of the secure and confidential location where the client records will
be stored and the name and contact information of the person(s) responsible for
the client records.
F. There is no right to an administrative
reconsideration or an administrative appeal of the issuance of a provisional
initial license to a new HCBS provider, or the issuance of a provisional
license to an existing HCBS provider. A provider who 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 license
revocation.
G. A provider with a
provisional initial license or an existing provider 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, solely as to the validity of the deficiencies.
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 provider shall request the informal reconsideration in writing, which shall
be received by the Health Standards Section within five calendar days of
receipt of the written notice of the results of the follow-up survey from the
department.
4. The provider shall
request the administrative appeal within 15 calendar days of receipt of the
written 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 Division of Administrative Law, or its successor.
5. A provider with a provisional initial
license or an existing provider with a provisional license that expires under
the provisions of this Chapter shall cease providing services and discharge
clients unless the Division of Administrative Law, or its successor, issues a
stay of the expiration.
a. The stay may be
granted by the Division of Administrative Law, or its successor, upon
application by the provider 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 clients being served by the provider.
6. If a timely administrative
appeal has been filed by a provider with a provisional initial license that has
expired, or by an existing provider whose provisional license has expired under
the provisions of this Chapter, the Division of Administrative Law, or its
successor, shall conduct the hearing in accordance with the Administrative
Procedure Act.
a. If the final agency
decision is to remove all deficiencies, the provider's 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 agency decision is to uphold
the deficiencies thereby affirming the expiration of the provisional license,
the provider shall ensure an orderly discharge and transition of any and all
client's receiving services in accordance with the provisions of this Chapter.
i. Within 10 calendar days of the final
agency decision, the provider shall notify HSS in writing of the secure and
confidential location where the client records will be stored.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2120.1.
