Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 82 - Minimum Standards for Licensure of Hospice Agencies
Subchapter A - General Provisions
Section I-8211 - Notice and Appeal Procedure for Revocation of Licensure and Denial of Initial License or License Renewal
Universal Citation: LA Admin Code I-8211
Current through Register Vol. 50, No. 9, September 20, 2024
A. Notice shall be given in accordance with the current State Statutes.
B. Administrative Reconsideration
1. The hospice agency may request an
administrative reconsideration of the violation(s) which support the
departments actions.
a. The request for
reconsideration shall be made, and received by the department, within 15
calendar days of receipt of notice.
2. The reconsideration shall be conducted by
a designated official(s) of the department who did not participate in the
initial decision to impose the actions taken.
a. Reconsideration shall be made solely on
the basis of documents before the official and shall include the survey report
and statement of violations, and all documentation the agency submits to the
department at the time of the agency's request for reconsideration.
b. Oral presentations may be made by the
department's spokesperson(s) and the agency's spokesperson(s).
c. The designated official shall have
authority only to affirm the decision, to revoke the decision, to affirm part
and revoke part, or to request additional information from either the
department or the agency.
3. Correction of a violation shall not be a
basis for reconsideration.
4. This
process is not in lieu of the appeals process and may extend the time limits
for filing an administrative appeal.
C. Administrative Appeal Process
1. Upon refusal of LDH to grant or renew a
license as provided in the current state statutes, or upon revocation or
suspension of a license, or the imposition of a fine, the affected agency,
institution, corporation, person, or other group shall have the right to appeal
such action by submitting a written request to the Division of Administrative
Law (DAL) or its successor:
a. within 30 days
after receipt of the notification of the refusal, revocation, suspension of a
license, or imposition of a fine; or
b. within 30 days after receipt of the
notification of the results of the administrative reconsideration of the
departments action.
2.
Hearings shall be conducted by the DAL in accordance with the Administrative
Procedure Act (APA).
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2181-2191.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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