Current through Register Vol. 50, No. 9, September 20, 2024
A. Notice of a license denial, license
revocation or license non-renewal shall be given to the provider in
writing.
B. The PDHC facility has a
right to an informal reconsideration of the license denial, license revocation,
or license non-renewal. There is no right to an informal reconsideration of a
voluntary non-renewal or surrender of a license by the provider.
1. The PDHC facility must request the
informal reconsideration within 10 calendar days of the receipt of the notice
of the license denial, license revocation, or license non-renewal. The request
for informal reconsideration must be in writing and shall be forwarded to the
DHH Health Standards Section.
2.
The request for informal reconsideration must include any documentation that
demonstrates that the determination was made in error.
3. If a timely request for an informal
reconsideration is received by the Health Standards Section, an informal
reconsideration shall be scheduled and the facility shall receive written
notification of the date of the informal reconsideration.
4. The facility shall have the right to
appear in person at the informal reconsideration and may be represented by
counsel.
5. Correction of a
violation or deficiency which is the basis for the denial, revocation or
non-renewal, shall not be a basis for reconsideration.
6. The informal reconsideration process is
not in lieu of the administrative appeals process.
7. The facility shall be notified in writing
of the results of the informal reconsideration.
C. The PDHC facility has a right to an
administrative appeal of the license denial, license revocation, or license
non-renewal. There is no right to an administrative appeal of a voluntary
non-renewal or surrender of a license by the provider.
1. The PDHC facility must request the
administrative appeal within 30 calendar days of the receipt of the notice of
the results of the informal reconsideration of the license denial, license
revocation, or license non-renewal. The facility may forego its rights to an
informal reconsideration, and if so, the facility shall request the
administrative appeal within 30 calendar days of the receipt of the notice of
the license denial, license revocation, or license non-renewal. The request for
administrative appeal must be in writing and shall be submitted to the DHH
Bureau of Appeals.
2. The request
for administrative appeal must include any documentation that demonstrates that
the determination was made in error and must include the basis and specific
reasons for the appeal.
3. If a
timely request for an administrative appeal is received by the Bureau of
Appeals, the administrative appeal of the license revocation or license
non-renewal shall be suspensive, and the facility 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 facility pose
an imminent or immediate threat to the health, welfare, or safety of a child,
the imposition of the license revocation or license non-renewal may be
immediate and may be enforced during the pendency of the administrative appeal.
The facility shall be notified of this determination in writing.
4. Correction of a violation or a
deficiency which is the basis for the denial, revocation, or non-renewal shall
not be a basis for the administrative appeal.
D. If an existing PDHC facility has been
issued a notice of license revocation and the facility's license is due for
annual renewal, the department shall deny the license renewal. The denial of
the license renewal does not affect in any manner the license
revocation.
E. If a timely
administrative appeal has been filed by the facility on a license denial,
license non-renewal, or license revocation, the Bureau of Appeals shall conduct
the hearing within 90 days of the docketing of the administrative appeal. One
extension, not to exceed 90 days, may be granted by the Bureau of Appeals if
good cause is shown.
1. If the final agency
decision is to reverse the license denial, the license non-renewal, or the
license revocation, the facility's license will be re-instated or granted upon
the payment of any licensing fees or other fees due to the department and the
payment of any outstanding sanctions due to the department.
2. If the final agency decision is to affirm
the license non-renewal or the license revocation, the facility shall discharge
any and all children receiving services. Within 10 days of the final agency
decision, the facility shall notify the department's licensing section in
writing of the secure and confidential location of where the child's 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 PDHC facility. The issuance
of a provisional license to an existing PDHC facility is not considered to be a
denial of license, a denial of license renewal, or a license
revocation.
G. A facility 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 regarding 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 facility shall submit a written request for informal reconsideration within
five calendar days of receipt of the department's notice of the results of the
follow-up survey.
a. The facility may forego
its right to an informal reconsideration.
4. The facility shall submit a written
request to the DHH Bureau of Appeals for an administrative appeal within five
calendar days of receipt of the department's notice of the results of the
informal reconsideration.
a. If the facility
has opted to forego the informal reconsideration process, a written request for
an administrative appeal shall be made within five calendar days of receipt of
the department's notice of the results of the follow-up survey.
H. A facility 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 children unless the Bureau of Appeals issues a stay of
the expiration.
1. A stay may be granted upon
application by the provider at the time the administrative appeal is filed and
only:
a. after a contradictory hearing;
and
b. upon a showing that there is
no potential harm to the children being served by the facility.
I. If a timely
administrative appeal has been filed by a facility 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 Bureau of Appeals shall
conduct the hearing within 90 days of the docketing of the administrative
appeal. One extension, not to exceed 90 days, may be granted by the Bureau of
Appeals if good cause is shown.
1. If the
final agency decision is to remove all deficiencies, the facility's license
will be reinstated upon the payment of any licensing fees or other fees due to
the department, and the payment of any outstanding sanctions due to the
department.
2. If the final agency
decision is to uphold the deficiencies and affirm the expiration of the
provisional license, the facility shall discharge all children receiving
services. Within 10 calendar days of the final agency decision, the facility
shall provide written notification to the department's licensing section of the
secure and confidential location of where the child's records will be
stored.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
40:2193-40:2193.4.
