Current through Register Vol. 50, No. 9, September 20, 2024
A.
Notice of an initial license denial, license revocation, or denial of license
renewal shall be given to the provider in writing.
B. The NSA has a right to an administrative
reconsideration of the initial 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 NSA.
1. The NSA shall request the administrative
reconsideration within 15 calendar days of the receipt of the notice of the
initial 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 days from the NSA's 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 HSS, an administrative reconsideration shall be
scheduled and the NSA will receive written notification of the date of the
administrative reconsideration.
4.
The NSA shall have the right to appear in person at the administrative
reconsideration and may be represented by counsel.
5. Correction of a deficiency or
noncompliance which is the basis for the initial license denial, revocation or
denial of license renewal shall not be a basis for administrative
reconsideration.
6. The
administrative reconsideration process is not in lieu of the administrative
appeals process.
7. The NSA will be
notified in writing of the results of the administrative
reconsideration.
C. The
NSA has a right to an administrative appeal of the initial 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 NSA.
1. The NSA shall request the
administrative appeal within 30 days of the receipt of the results of the
administrative reconsideration.
a. The NSA may
forego its rights to an administrative reconsideration, and if so, shall
request the administrative appeal within 30 calendar days of the receipt of the
written notice of the initial license denial, 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 NSA 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 NSA pose an imminent or immediate threat
to the health, welfare, or safety of an individual or individuals receiving
services, 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
provider will be notified in writing.
4. Correction of a violation or a deficiency
or noncompliance which is the basis for the initial license denial, license
revocation or denial of license renewal shall not be a basis for an
administrative appeal.
D.
If an existing licensed NSA has been issued a notice of license revocation, and
the NSA's license is due for biennial 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.
E. If a timely administrative appeal has been
filed by the NSA on an initial license denial, denial of license renewal or
license revocation, the DAL, or its successor, shall conduct the hearing in
accordance with the Administrative Procedure Act.
1. If the final agency decision is to reverse
the initial license denial, denial of license renewal or license revocation,
the NSA's license will be re-instated or granted upon the payment of any
non-refundable licensing fees, outstanding sanctions, or other fees due to the
department.
2. If the final agency
decision is to affirm the denial of license renewal or license revocation, the
NSA shall give written notice to all licensed healthcare facilities for which
the NSA is providing staff.
a. Within 10
calendar days of the final agency decision, the NSA shall notify HSS, in
writing, of the secure and confidential location where the employee or
contracted staff's records will be stored and the name and contact information
of the person(s) responsible for the employee or contracted staff's
records.
F.
There is no right to an administrative reconsideration or an administrative
appeal of the issuance of a provisional initial license to a new NSA, or the
issuance of a provisional license to an existing NSA. A NSA who has been issued
a provisional license is licensed and operational for the term of the
provisional license. The issuance of a provisional license is not considered to
be a denial of initial licensure, denial of license renewal, or license
revocation.
1. A follow-up survey may be
conducted prior to the expiration of a provisional initial license issued to a
new NSA or the expiration of a provisional license issued to an existing
NSA.
2. A new NSA that is issued a
provisional initial license or an existing NSA that is issued a provisional
license shall be required to correct all deficiencies or noncompliance(s) at
the time the follow-up survey is conducted.
3. If all deficiencies or noncompliance(s)
have not been corrected at the time of the follow-up survey, or if new
deficiencies or noncompliance(s) that are a threat to the health, safety, or
welfare of an individual or individuals receiving services are cited on the
follow-up survey, the provisional initial license or provisional license shall
expire on its face and the NSA shall be required to begin the initial licensing
process again by submitting a new initial license application packet and
non-refundable fee.
4. The
department shall issue written notice to the NSA of the results of the
follow-up survey.
G. A
NSA with a provisional initial license or an existing NSA with a provisional
license that expires due to deficiencies or noncompliance(s) cited at the
follow-up survey, shall have the right to an administrative reconsideration and
the right to an administrative appeal, solely as to the validity of the
deficiencies or noncompliance(s).
1. The
correction of a deficiency or noncompliance after the follow-up survey shall
not be the basis for the administrative reconsideration or for the
administrative appeal.
2. The
administrative reconsideration and the administrative appeal are limited to
whether the deficiencies or noncompliance(s) were properly cited at the
follow-up survey.
3. The NSA shall
request the administrative reconsideration in writing, which shall be received
by the HSS within five calendar days of receipt of the written notice of the
results of the follow-up survey from the department. The request for an
administrative reconsideration must identify each disputed deficiencies or
noncompliance(s) and the reason for the dispute and include any documentation
that demonstrates that the determination was made in error.
4. The NSA shall request the administrative
appeal within 15 calendar days of receipt of the written 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
deficiencies or noncompliance(s) and the reason for the dispute and include any
documentation that demonstrates that the determination was made in
error.
5. A NSA with a provisional
initial license or an existing NSA with a provisional license that expires
under the provisions of this Chapter shall cease providing services and provide
written notice to all licensed healthcare facilities for which the NSA is
providing staff unless the DAL, or its successor, issues a stay of the
expiration.
a. The stay may be granted by the
DAL, or its successor, upon application by the NSA 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 an individual or individuals
receiving services being served by the healthcare provider.
6. If a timely administrative appeal has been
filed by a NSA with a provisional initial license that has expired, or by an
existing NSA whose provisional license has expired under the provisions of this
Chapter, the Division of Administrative Law, or its successor, shall conduct
the hearing in accordance with the Administrative Procedure Act.
a. If the final agency decision is to remove
all deficiencies or noncompliance(s), the NSA's license will be re-instated
upon the payment of any outstanding sanctions and licensing or other fees due
to the department.
b. If the final
agency decision is to uphold the deficiencies or noncompliance(s) thereby
affirming the expiration of the provisional license, the NSA shall give written
notice to all licensed healthcare facilities for which the NSA is providing
staff.
i. Within 10 calendar days of the
final agency decision, the provider shall notify HSS in writing of the secure
and confidential location where the employee or contracted staff records will
be stored.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254.
