Current through Register Vol. 50, No. 9, September 20, 2024
A. The
following statements of deficiencies issued by the department to the ICF/DD
shall be posted in a conspicuous place on the licensed premises:
1. the most recent annual survey statement of
deficiencies; and
2. any subsequent
complaint survey statement of deficiencies.
B. Any statement of deficiencies issued by
the department to the ICF/DD provider shall be available for disclosure to the
public 30 calendar days after the provider submits an acceptable plan of
correction of the deficiencies or 90 calendar days after the statement of
deficiencies is issued to the provider, whichever occurs first.
C. Unless otherwise provided in statute or in
this licensing Rule, a provider shall have the right to an informal
reconsideration of any deficiencies cited as a result of a survey or
investigation.
1. Correction of the deficient
practices, of the violation, or of the non-compliance or deficiency shall not
be the basis for the reconsideration.
2. The informal reconsideration of the
deficiencies shall be requested in writing within 10 calendar days of receipt
of the statement of deficiencies, unless otherwise provided in this
Rule.
3. The request for informal
reconsideration of the deficiencies shall be made to the department's Health
Standards Section. The request for informal reconsideration shall be considered
timely if received by the Health Standards Section within 10 calendar days of
the provider's receipt of the statement of deficiencies.
4. If a timely request for an informal
reconsideration is received, the department shall schedule and conduct the
informal reconsideration.
5. The
provider shall be notified in writing of the results of the informal
reconsideration.
6. Except as
provided for in complaint surveys pursuant to
R.S.
40:2009.11 et seq., and as provided in this
licensing Rule for license denials, revocations, and non-renewals, the decision
of the informal reconsideration team shall be the final administrative decision
regarding the deficiencies. There is no administrative appeal right of such
deficiencies.
7. Pursuant to
R.S.
40:2009.13, et seq., for complaint surveys in
which the licensing agency (Health Standards Section) of the department
determines that the complaint involves issues that have resulted in, or are
likely to result in, serious harm or death, as defined in the statute, the
determination of the informal reconsideration may be appealed administratively
to the department's Division of Administrative Law or its successor. The
hearing before the Division of Administrative Law or its successor is limited
only to whether the investigation or complaint survey was conducted properly or
improperly. The Division of Administrative Law or its successor shall not
delete or remove deficiencies as a result of such hearing.
8. Pursuant to
R.S.
40:2180.2(11), determination
of dispute resolutions regarding deficiencies related to visitation during a
declared public health emergency or related to Coronavirus Disease 2019
(COVID-19), subject to federal requirements, shall be issued by the department
to the facility within 35 calendar days after the receipt of the request from
the intermediate care facilities for persons with developmental disabilities
(ICF/DD) for an informal dispute resolution of the
deficiencies.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2180-2180.5.
