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 ARCP has a right to an administrative
reconsideration of the 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 ARCP shall request the administrative
reconsideration within 15 days of the receipt of the notice of the license
denial, license revocation, or denial of license renewal. The request for
administrative reconsideration shall be in writing and received by the
department within 15 calendar days of the providers receipt of the notice
letter from the department.
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 the Health Standards Section (HSS), an
administrative reconsideration shall be scheduled and the provider will receive
written notification.
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 license denial, license 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 ARCP 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 provider.
1.
The ARCP shall request the administrative appeal within 30 days of the receipt
of the results of the administrative reconsideration. The ARCP may forego its
rights to an administrative reconsideration, and if so, the ARCP shall request
an administrative appeal within 30 days of the receipt of the notice of the
license denial, license revocation, or denial of license renewal. The request
for administrative appeal shall be in writing and shall be submitted to the
Division of Administrative Law (DAL) or its successor.
2. The request for administrative appeal
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 or its successor issues a final
administrative decision.
4. If the
secretary of the department determines that the violations of the ARCP pose an
imminent or immediate threat to the health, welfare, or safety of a resident,
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 ARCP will be
notified in writing.
5. Correction
of a violation or a deficiency which is the basis for the license denial,
license revocation, or denial of license renewal, shall not be a basis for the
administrative appeal.
D. If an existing licensed ARCP has been
issued a notice of license revocation and the providers license is due for
annual renewal, the department shall deny the license renewal application.
1. The denial of the license renewal
application does not affect in any manner the license revocation.
2. If the final decision by DAL or its
successor 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 or other fees due to the
department.
E. There is
no right to an administrative reconsideration or an administrative appeal of
the issuance of a provisional initial license to a new ARCP. An existing
provider who has been issued a provisional license remains licensed and
operational and also has no right to an administrative reconsideration or an
administrative appeal. The issuance of a provisional license to an existing
ARCP is not considered to be a denial of license, a denial of license renewal,
or a license revocation.
1. A follow-up
survey may be conducted prior to the expiration of a provisional initial
license to a new ARCP or the expiration of a provisional license to an existing
provider.
2. A new provider that is
issued a provisional initial license or an existing provider that is issued a
provisional license shall be required to correct all noncompliance or
deficiencies at the time the follow-up survey is conducted.
3. If all noncompliance or deficiencies have
not been corrected at the time of the follow-up survey, or if new deficiencies
that are a threat to the health, safety, or welfare of residents are cited on
the follow-up survey, the provisional initial license or provisional license
shall expire on its face and the provider shall be required to begin the
initial licensing process again by submitting a new initial license application
packet and fee.
4. The department
shall issue written notice to the provider of the results of the follow-up
survey.
5. 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 administrative reconsideration and the right
to an administrative appeal of the deficiencies cited at the follow-up survey.
a. The correction of a violation,
noncompliance, or deficiency after the follow-up survey shall not be the basis
for the administrative reconsideration or for the administrative appeal.
b. The administrative
reconsideration and the administrative appeal are limited to whether the
deficiencies were properly cited at the follow-up survey.
c. The provider must request the
administrative reconsideration of the deficiencies 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. The request for an
administrative reconsideration must identify each disputed deficiency or
deficiencies and the reason for the dispute and include any documentation that
demonstrates that the determination was made in error.
d. The provider must request the
administrative appeal within 15 calendar 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 DAL or
its successor. The request for an administrative appeal must identify each
disputed deficiency or deficiencies and the reason for the dispute and include
any documentation that demonstrates that the determination was made in
error.
e. A provider with a
provisional initial license or an existing provider with a provisional license
that expires under the provisions of this section must cease providing services
unless the DAL or its successor issues a stay of the expiration. The stay may
be granted by the DAL 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 residents being
served by the provider.
F. In the event an ARCP license is revoked or
renewal is denied, any owner, officer, member, manager, or director of such
ARCP is prohibited from owning, managing, directing or operating another ARCP
for a period of two years from the date of the final disposition of the
revocation or denial action.
1. - 3.
Repealed.
G. Operation
without License and Penalty
1. An ARCP shall
not operate without a license issued by the department. Any such provider
operating without a license shall be guilty of a misdemeanor and upon
conviction shall be fined not more than $100 for each day of operation without
a license up to a maximum of $1,000 or imprisonment of not more than six
months, or both. It shall be the responsibility of the department to inform the
appropriate district attorney of the alleged violation to assure
enforcement.
2. If an ARCP is
operating without a license issued by the department, the department shall have
the authority to issue an immediate cease and desist order to that provider.
Any such provider receiving such a cease and desist order from the department
shall immediately cease operations until such time as that provider is issued a
license by the department.
3. The
department shall seek an injunction in the Nineteenth Judicial District Court
against any provider who receives a cease and desist order from the department
under §6817.B and who does not
cease operations immediately.
Any such provider against whom an injunction is granted
shall be liable to the department for attorney fees, costs, and damages.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2166.1-2166.8.
