Current through Register Vol. 50, No. 9, September 20, 2024
A. The
department shall provide written notice to the CRC of the following:
1. license denial;
2. license revocation; or
3. denial of license renewal.
B. The CRC has the right to an
administrative reconsideration of the license denial, license revocation or
denial of license renewal.
1. If the CRC
chooses to request an administrative reconsideration, the request must:
a. be in writing addressed to HSS;
b. be received by HSS within 15 calendar days
of the center's receipt of the notice of the license denial, license revocation
or denial of license renewal; and
c. include any documentation that
demonstrates that the determination was made in error.
2. If a timely request for an administrative
reconsideration is received, HSS shall provide the center with written
notification of the date of the administrative reconsideration.
3. The center may appear in person at the
administrative reconsideration and may be represented by counsel.
4. HSS shall not consider correction of a
deficiency or violation as a basis for the reconsideration.
5. The center will be notified in writing of
the results of the administrative reconsideration.
C. The administrative reconsideration process
is not in lieu of the administrative appeals process.
D. The CRC has a right to an administrative
appeal of the license denial, license revocation or denial of license renewal.
1. If the CRC chooses to request an
administrative appeal, the request must:
a.
be received by the DAL within 30 days of:
i.
the receipt of the results of the administrative reconsideration; or
ii. the receipt of the notice of the license
denial, revocation or denial of license renewal, if the CRC chose to forego its
rights to an administrative reconsideration;
b. be in writing;
c. include any documentation that
demonstrates that the determination was made in error; and
d. include the basis and specific reasons for
the appeal.
2. The DAL
shall not consider correction of a violation or a deficiency as a basis for the
administrative appeal.
E. Administrative Appeals of License
Revocations and Denial of License Renewals
1.
If a timely request for an administrative appeal is received by the DAL, the
center will be allowed to continue to operate and provide services until the
DAL issues a final administrative decision.
F. Administrative Appeals of Immediate
License Revocations or Denial of License Renewals
1. If DHH imposes an immediate license
revocation or denial of license renewal, DHH may enforce the revocation or
denial of license renewal during the appeal process.
2. If DHH chooses to enforce the revocation
or denial of license renewal during the appeal process, the center will not be
allowed to operate and/or provide services during the appeal process.
G. If a licensed CRC
has a pending license revocation, and the center'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.
H. Administrative
Hearings of License Denials, Denial of License Renewals and License Revocations
1. If a timely administrative appeal is
submitted by the center, the DAL shall conduct the hearing in accordance with
the Administrative Procedure Act.
2. If the final DAL decision is to reverse
the license denial, denial of license renewal or license revocation, the
center's license will be re-instated upon the payment of any outstanding fees
or sanctions fees due to the department.
3. If the final DAL decision is to affirm the
denial of license renewal or license revocation, the center shall:
a. discharge and transition any and all
clients receiving services according to the provisions of this
Chapter;
b. comply with the
requirements governing cessation of business in this Chapter; and
c. notify HSS within 10 days of closure of
the location where the records will be stored and the name, address and phone
number of the person responsible for the records.
I. There is no right to an
administrative reconsideration or an administrative appeal of the issuance of a
provisional initial license to a new CRC, or the issuance of a provisional
license to a licensed CRC.
J.
Administrative Reconsiderations and Administrative Appeals of the Expiration of
a Provisional Initial License or Provisional License
1. A CRC with a provisional initial license,
or a provisional license that expires due to deficiencies cited at the
follow-up survey, has the right to request an administrative reconsideration
and/or an administrative appeal of the deficiencies cited at the follow-up
survey.
2. The center's request for
an administrative reconsideration must:
a. be
in writing;
b. be received by the
HSS within five calendar days of receipt of the notice of the results of the
follow-up survey from the department; and
c. include the basis and specific reasons for
the administrative reconsideration.
3. Correction of a violation or deficiency
after the follow-up survey will not be considered as the basis for the
administrative reconsideration or for the administrative appeal.
4. The issue to be decided in the
administrative reconsideration and the administrative appeal is whether the
deficiencies were properly cited at the follow-up survey.
5. The CRC's request for an administrative
appeal must:
a. be in writing;
b. be submitted to the DAL within 15 calendar
days of receipt of the notice of the results of the follow-up survey from the
department; and
c. include the
basis and specific reasons for the appeal.
6. A center with a provisional initial
license or a provisional license that expires under the provisions of this
Chapter shall cease providing services and discharge or transition clients
unless the DAL or successor entity issues a stay of the expiration.
a. To request a stay, the center must submit
its written application to the DAL at the time the administrative appeal is
filed.
b. The DAL shall hold a
contradictory hearing on the stay application. If the center shows that there
is no potential harm to the center's clients, then the DAL shall grant the
stay.
7. Administrative
Hearing
a. If the CRC submits a timely
request for an administrative hearing, the DAL shall conduct the hearing in
accordance with the Administrative Procedure Act.
b. If the final DAL decision is to remove all
deficiencies, the department will reinstate the center's license upon the
payment of any outstanding fees and settlement of any outstanding sanctions due
to the department.
c. If the final
DAL decision is to uphold the deficiencies, thereby affirming the expiration of
the provisional license, the center shall discharge any and all clients
receiving services in accordance with the provisions of this Chapter.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
28:2180.14.
