Current through Register Vol. 50, No. 9, September 20, 2024
A. The
department shall provide written notice to the provider of the following:
1. initial license denial;
2. license revocation; or
3. denial of license renewal.
B. The BHS provider has the right
to an administrative reconsideration of the initial license denial, license
revocation or denial of license renewal.
1.If
the BHS provider chooses to request an administrative reconsideration, the
request shall:
a. be in writing addressed to
HSS;
b. be received by HSS within
15 calendar days of the BHS providers receipt of the notice of the initial
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 BHS provider with written
notification of the date of the administrative reconsideration.
3. The HSS shall conduct the administrative
reconsideration. The BHS provider may request to present an oral presentation
and be represented by counsel.
4.
The HSS shall not consider correction of a deficiency or violation as a basis
for the reconsideration.
5. The BHS
provider 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 BHS
provider has a right to an administrative appeal of the initial license denial,
license revocation or denial of license renewal.
1. If the BHS provider chooses to request an
administrative appeal, the request shall be received:
a. by the DAL or its successor, within 30
days of the BHS providers receipt of the results of the administrative
reconsideration; or
b. within 30
days of the BHS providers receipt of the notice of the initial license denial,
revocation or denial of license renewal if the BHS provider chooses to forego
its rights to an administrative reconsideration;
2. The providers request for administrative
appeal shall:
a. be in writing;
b. include any documentation that
demonstrates that the determination was made in error; and
c. include the basis and specific reasons for
the appeal.
3. The DAL
shall not consider correction of a violation or a deficiency as a basis for the
administrative appeal.
4. If a
timely request for an administrative appeal is received by the DAL, the BHS
provider shall be allowed to continue to operate and provide services until the
DAL issues a final administrative decision, unless the imposition of the
revocation or denial of license renewal is immediate based on the secretarys
determination that the health and safety of a client or the community may be at
risk.
E. If a licensed
BHS provider has been issued notice of license revocation by the department,
and the 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.
F. Administrative Hearings of Initial License
Denials, Denial of License Renewals and License Revocations
1. If a timely administrative appeal is
submitted by the BHS provider, the DAL or its successor, shall conduct the
hearing in accordance with the APA.
2. If the final DAL decision is to reverse
the initial license denial, denial of license renewal or license revocation,
the BHS providers 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 BHS provider shall:
a. discharge and transition any and all
clients receiving services according to the provisions of this Chapter;
and
b. notify HSS in writing of the
secure and confidential location where the client records will be stored and
the name, address and phone number of the contact person responsible for the
records.
G.
There is no right to an administrative reconsideration or an administrative
appeal of the issuance of a provisional initial license to a new BHS provider,
or the issuance of a provisional license to a licensed BHS provider.
H. Administrative Reconsiderations of
Deficiencies Cited Resulting in the Expiration of a Provisional Initial License
or Provisional License
1. A BHS provider 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 of the validity of the deficiencies cited at the
follow up survey.
2. The BHS
providers request for an administrative reconsideration shall:
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.
identify each disputed deficiency or deficiencies and the reason for the
dispute that demonstrates the findings were cited in error.
3. Correction of a violation or
deficiency after the follow-up survey will not be considered as the basis for
the administrative reconsideration.
4. A BHS provider 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 issues a stay of the expiration.
a. To request a stay, the BHS provider shall
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 BHS provider shows that
there is no potential harm to its clients, then the DAL shall grant the
stay.
I.
Administrative Hearing of the Expiration of a Provisional Initial License or
Provisional License
1. A BHS provider 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 appeal of the validity of the deficiencies cited at the follow
up survey.
2. Correction of a
violation or deficiency after the follow-up survey will not be considered as
the basis for the administrative appeal.
3. The BHS providers request for an
administrative appeal shall:
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. identify each disputed deficiency or
deficiencies and the reason for the dispute that demonstrates the findings were
cited in error.
4. If
the BHS provider submits a timely request for an administrative hearing, the
DAL shall conduct the hearing in accordance with the APA.
a. If the final DAL decision is to remove all
disputed deficiencies, the department will reinstate the BHS providers license
upon the payment of any outstanding fees and settlement of any outstanding
sanctions due to the department.
b.
If the final DAL decision is to uphold the disputed deficiencies thereby
affirming the expiration of the provisional license, the BHS provider shall
discharge any and all clients receiving services and comply with the cessation
of business requirements in accordance with this Chapter.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2151-2161.
