Current through Register Vol. 50, No. 9, September 20, 2024
A. The department shall furnish the applicant
or clinic with written notice of the department's decision to deny a license,
revoke a license, or refusal to renew a license.
1. The notice shall specify reasons for the
action and shall notify the applicant or clinic of the right to request an
administrative reconsideration or to request an appeal. A voluntary termination
or expiration of the license is not an adverse action and is not
appealable.
2. The clinic shall
have the right to file a suspensive appeal from the department's decision to
revoke the clinic's license.
B. Administrative Reconsideration. A clinic
may request an administrative reconsideration of the department's decision to
revoke, deny, or refuse to renew a license.
1. A request for an administrative
reconsideration shall be submitted in writing to the Health Standards Section
within 15 calendar days of receipt of notification of the department's
action.
2. Administrative
reconsideration is an informal process and shall be conducted by a designated
official of the department who did not participate in the initial decision to
impose the action taken.
a. Repealed.
b. A department spokesman and a
clinic spokesman may make an oral presentation to the designated official
during the administrative reconsideration.
3. Administrative reconsideration may be made
solely on the basis of documents or oral presentations, or both, before the
designated official and shall include:
a. the
statement of deficient practice; and
b. any documentation the clinic may submit to
the department at the time of the clinic's request for such
reconsideration.
4.
Correction of a deficiency shall not be a basis for administrative
reconsideration.
5. An
administrative reconsideration is not in lieu of the administrative appeals
process.
C.
Administrative Appeal Process. Upon denial or revocation of a license by the
department, the clinic shall have the right to appeal such action by submitting
a written request to the Division of Administrative Law (DAL), or its
successor, within 30 days after receipt of the notification of the denial or
revocation of a license, or within 30 days after receipt of the notification of
the results of the administrative reconsideration.
1. Correction of a deficiency shall not be
the basis of an administrative appeal.
2. Notwithstanding the provisions of
§7821 C, the department may immediately
revoke a license in any case in which the health and safety of a client or the
community may be at risk.
a. The clinic which
is adversely affected by the action of the department in immediately revoking a
license may, within 30 days of the closing, devolutively appeal from the action
of the department by filing a written request for a hearing to the DAL or its
successor.
D.
If an existing licensed pain management clinic 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 the DAL or its
successor is to reverse the initial license denial, the denial of license
renewal, or the license revocation, the providers license will be reinstated 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. 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 pain management clinic 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
pain management clinic 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 clinic 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 pain management clinic.
AUTHORITY NOTE:
Promulgated in accordance with R.S.
40.2198.11-13.
