Current through Register Vol. 50, No. 9, September 20, 2024
A. The following statements of deficiencies
or noncompliance(s) issued by the department to the NSA shall be posted in a
conspicuous place on the licensed premises:
1.
the most recent biennial survey statement of deficiencies or noncompliance(s);
and
2. any complaint survey
statement of deficiencies or noncompliance(s).
B. Any statement of deficiencies or
noncompliance(s) issued by the department to a NSA shall be available for
disclosure to the public 30 days after the NSA submits an acceptable plan of
correction to the deficiencies or noncompliance or 90 days after the statement
of deficiencies or noncompliance is issued to the NSA, whichever occurs
first.
C. Unless otherwise provided
in statute or in these licensing provisions, a NSA shall have the right to an
administrative reconsideration of any deficiencies or noncompliance(s) cited as
a result of a survey or complaint investigation.
1. Correction of the deficiencies or
noncompliance(s) shall not be the basis for the reconsideration.
2. The administrative reconsideration of the
deficiencies or noncompliance(s) shall be requested in writing within 10
calendar days of receipt of the statement of deficiencies or noncompliance(s),
unless otherwise provided in these standards.
3. The request for administrative
reconsideration of the deficiencies or noncompliance(s) shall be made to the
department's HSS and will be considered timely if received by HSS within 10
calendar days of the NSA's receipt of the statement of deficiencies or
noncompliance(s).
4. If a timely
request for an administrative reconsideration is received, the department shall
schedule and conduct the administrative reconsideration.
5. The NSA shall be notified in writing of
the results of the administrative reconsideration.
6. Except as provided for complaint surveys
pursuant to
R.S.
40:2009.13 et seq., or current law, and as
provided in these licensing provisions for initial license denials, revocations
and denial of license renewals, the decision of the administrative
reconsideration team shall be the final administrative decision regarding the
deficiencies.
7. The request for an
administrative reconsideration of any deficiencies or noncompliance(s) cited as
a result of a survey or complaint investigation does not delay submission of
the required plan of correction within the prescribed timeframe.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254.
