Current through Register Vol. 50, No. 9, September 20, 2024
A. Notice of a license denial, license
revocation or denial of license renewal shall be given to the provider in
writing.
B. The TGH provider has a
right to an informal reconsideration of the 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 provider.
1. The TGH provider shall request the
informal reconsideration within 15 calendar days of the receipt of the notice
of the license denial, license revocation, or denial of license renewal. The
request for informal reconsideration shall be in writing and shall be forwarded
to the Health Standards Section.
2.
The request for informal reconsideration shall 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 provider shall receive written
notification of the date of the informal reconsideration.
4. The provider 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 provider shall be notified in writing
of the results of the informal reconsideration.
C. The TGH provider has a right to an
administrative appeal of the 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 TGH.
1. The TGH shall 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
denial of license renewal.
a. The TGH
provider may forego its rights to an informal reconsideration, and if so, the
TGH shall request the administrative appeal within 30 calendar days of the
receipt of the notice of the 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 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 DAL 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 DAL 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. The TGH 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 denial of license renewal
shall not be a basis for the administrative appeal.
D. If an existing licensed TGH 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. 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 provider on a license denial,
denial of license renewal, or license revocation, the DAL or its successor
shall conduct the hearing pursuant to the Administrative Procedure Act.
1. If the final DAL decision is to reverse
the license denial, the denial of license renewal, or the license revocation,
the providers 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 DAL decision is to affirm the
denial of license renewal or the license revocation, the provider shall
discharge any and all clients receiving services according to the provisions of
this Chapter. Within 10 days of the final agency decision, the provider shall
notify the departments licensing section in writing of the secure and
confidential location of where the clients 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 TGH or a provisional license to an
existing TGH. The issuance of a provisional license is not considered to be a
denial of license, a denial of license renewal, or a 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 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 provider shall request the informal reconsideration in writing, which shall
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.
4. The provider 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 Division of Administrative
Law, or its successor.
a. Repealed.
H. 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 the clients unless the DAL 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 after a contradictory hearing and upon a showing that there is no
potential harm to the clients being served by the provider.
I. 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 DAL or its successor shall conduct the
hearing pursuant to the Administrative Procedure Act.
1. If the final DAL decision is to remove all
deficiencies, the provider'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 DAL decision is to uphold the
deficiencies and affirm the expiration of the provisional license, the provider
shall discharge all clients receiving services. Within 10 calendar days of the
final agency decision, the provider shall notify HSS in writing of the secure
and confidential location of where the clients records will be
stored.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2009.
