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. A facility 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 facility.
1. The facility 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
departments 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 facility will
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 denial of license 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 will be
notified in writing of the results of the informal reconsideration.
C. A facility 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 facility.
1. The facility 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. 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 denial of license renewal. The
request for administrative appeal shall be in writing and shall be submitted to
the Division of Administrative Law (DAL).
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, the administrative appeal of
the license revocation or denial of license 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 client, 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 denial of license renewal
shall not be a basis for the administrative appeal.
D. If a timely administrative appeal has been
filed by the facility on a license denial, denial of license renewal or license
revocation, the DAL shall conduct the hearing in accordance with the
Administrative Procedure Act.
1. If the final
agency decision is to reverse the license denial, the denial of license renewal
or the license revocation, the facilitys license will be re-instated or granted
upon the payment of any licensing 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 denial of license renewal or the license revocation, the facility shall
discharge any and all clients receiving services. Within 10 days of the final
agency decision, the facility shall notify the departments licensing section in
writing of the secure and confidential location of where its records will be
stored.
E. There is no
right to an informal reconsideration or an administrative appeal of the
issuance of a provisional license to a new facility. A facility that has been
issued a provisional license is licensed and operational for the term of the
provisional license. The issuance of a provisional license to an existing
facility is not considered to be a denial of license, a denial of license
renewal, or a license revocation.
F. A facility with a provisional initial
license or an existing facility 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 facility has five calendar days from
the receipt of the departments notice of the results of the follow-up survey to
submit a written request for informal reconsideration of the follow-up survey
findings.
2. The informal
reconsideration and the administrative appeal are limited to whether the
deficiencies were properly cited at the follow-up survey.
3. 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.
4. The facility has 15 calendar days from the
receipt of the departments notice of the results of the follow-up survey to
submit a written request for an administrative appeal.
G. A facility with a provisional license that
expires under the provisions of this Chapter shall cease providing services and
discharge clients unless the DAL issues a stay of the expiration.
1. A stay may be granted by the DAL 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 clients being served by the facility.
H. If a timely
administrative appeal has been filed by a facility with a provisional license
that has expired under the provisions of this Chapter, the DAL shall conduct
the hearing in accordance with the Administrative Procedure Act.
1. If the final agency decision is to remove
all deficiencies, the facilitys license will be reinstated upon the payment of
any licensing 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 clients receiving services. Within 10 days of the
final agency decision, the facility shall notify the departments licensing
section in writing of the secure and confidential location of where records
will be stored.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
28:31-28:37.
