Current through Register Vol. 50, No. 9, September 20, 2024
A. Notice of a
license denial, license revocation, or license non-renewal (i.e. denial of
license renewal) shall be given to the provider in writing.
B. The ICF/DD has the right to an informal
reconsideration of the license denial, license revocation, or license
non-renewal. There is no right to an informal reconsideration of a voluntary
non-renewal or surrender of a license by the provider.
1. The ICF/DD provider shall request the
informal reconsideration within 15 calendar days of the receipt of the notice
of the license denial, license revocation, or license non-renewal. The request
for informal reconsideration shall be in writing and shall be forwarded to the
department's Health Standards Section. The request for informal reconsideration
shall be considered timely if received by DHH Health Standards within 15 days
from the provider's receipt of the notice.
2. The request for informal reconsideration
shall include any documentation that demonstrates that the determination was
made in error.
3. If a timely
request for an informal reconsideration is received by the Health Standards
Section, an informal reconsideration shall be scheduled and the provider will
receive written notification of the date of the informal
reconsideration.
4. The provider
shall have the right to appear in person at the informal reconsideration and
may be represented by counsel.
5.
Correction of a violation of a deficiency which is the basis for the denial,
revocation or non-renewal, shall not be a basis for reconsideration.
6. The informal reconsideration process is
not in lieu of the administrative appeals process.
7. The provider will be notified in writing
of the results of the informal reconsideration.
C. The ICF/DD provider has a right to an
administrative appeal of the license denial, license revocation, or license
non-renewal. There is no right to an administrative appeal of a voluntary
non-renewal or surrender of a license by a provider.
1. The ICF/DD provider shall request the
administrative appeal within 30 calendar days of the receipt of the result of
the informal reconsideration. The ICF/DD may forgo its rights to an informal
reconsideration, and if so, the ICF/DD shall request the administrative appeal
within 30 calendar days of the recipient of the notice of license denial,
license revocation, or license non-renewal. The request for administrative
appeal shall be in writing and shall be submitted to the department's Division
of Administrative Law or its successor.
2. The request for administrative appeal
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 Division of Administrative Law or
its successor, the administrative appeal of the license revocation or license
non-renewal shall be suspensive, and the provider shall be allowed to continue
to operate and provide services until such time as the department issues a
final administrative decision. If the department denied an initial license
application, the ICF/DD shall discharge any and all individuals receiving
services.
a. Notwithstanding the provisions
of Paragraph
§8523. C.3 above, if the
secretary of the department determines that the violations of the facility pose
an imminent or immediate threat to the health, welfare, or safety of a
participant or individual receiving services, then the imposition of the
license revocation or license non-renewal may be immediate and may be enforced
during the pendency of the administrative appeal.
b. If the secretary of the department makes
such a determination, the facility shall be notified in writing of such
determination.
4.
Correction of a violation or a deficiency which is the basis for the denial,
revocation, or non-renewal, shall not be a basis for the administrative
appeal.
D. If an
existing ICF/DD provider has been issued a notice of license revocation and the
provider's license is due for annual 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 provider on a license denial, license non-renewal, or license
revocation, the department's Division of Administrative Law or its successor
shall conduct the hearing within 90 days of docketing of the administrative
appeal. One extension, not to exceed 90 days, may be granted by the Division of
Administrative Law or its successor upon good cause shown.
1. If the final agency action is to reverse
the license denial, the license non-renewal, or the license revocation, the
provider's license will be re-instated or granted upon the payment of any
licensing or other fees due to the department and the payment of any
outstanding sanctions due to the department.
2. If the final agency action is to affirm
the license non-renewal or the license revocation, the provider shall discharge
any and all individuals receiving services according to the provisions of this
Rule. Within 10 days of the final agency decision, the provider must notify the
department's licensing section in writing of the secure and confidential
location of where client records will be stored.
F. There is no right to an informal
reconsideration or an administrative appeal of the issuance of a provisional
initial license to a new ICF/DD or the issuance of a provisional license to an
existing ICF/DD. A provider who has been issued a provisional license is
licensed and operational for the term of the provisional license. The issuance
of a provisional license to an existing ICF/DD is not considered to be a denial
of license, a denial of license nonrenewal, or a license revocation.
1. If a provisional license is issued, the
provider shall submit a plan of correction to DHH for approval, and shall be
required to correct all noncompliance or deficiencies prior to the expiration
of the provisional license.
2. The
department shall conduct a follow-up survey, either on-site or by desk review,
of the ICF/DD provider prior to the expiration of the provisional
license.
3. If the follow-up survey
determines that the ICF/DD provider has corrected the deficient practices and
has maintained compliance during the period of the provisional license, the
department may issue a full license for the remainder of the year until the
anniversary date of the ICF/DD provider.
4. If the follow-up survey determines that
all noncompliance or deficiencies have not been corrected, or if new
deficiencies that are a threat to the health, safety, or welfare of individuals
receiving services are cited on the follow-up survey, the provisional initial
license or provisional license shall expire on the date specified on the
provisional license. However, at the sole discretion of the department, the
provisional license may be extended for an additional period not to exceed 90
days in order for the ICF/DD facility to correct the non-compliance or
deficiencies.
5. The department
shall issue written notice to the provider of the results of the follow-up
survey.
6. 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 informal reconsideration and the right to an
administrative appeal as to the deficiencies cited in 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 informal reconsideration or the administrative appeal.
b. The informal reconsideration and the
administrative appeal are limited to whether the deficiencies were properly
cited at the follow-up survey.
c.
The provider shall request the informal reconsideration in writing to the DHH
Health Standards Section within five calendar days of receipt of the notice of
the results of the follow-up survey from the department. The informal
reconsideration request shall be considered timely if received by the Health
Standards Section within five days from provider's receipt of the
notice.
d. The provider must
request an administrative appeal within five calendar days of receipt of the
notice of the results of the informal reconsideration. The facility may forgo
its right to an informal reconsideration, and if so, the facility shall request
an administrative appeal within five calendar days of receipt of the notice of
the results of the follow-up survey. The request for an administrative appeal
shall be in writing and shall be submitted to the department's Division of
Administrative Law or its successor.
e. A provider with a provisional initial
license or an existing provider with a provisional license that expires under
the provisions of this section shall cease providing services and discharge
clients unless the Division of Administrative Law or its successor issues a
stay of the expiration. The stay may be granted by the Division of
Administrative Law 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 client being
served by the provider.
f. If a
timely administrative appeal has been filed by a provider with a provisional
license that has expired or by an existing provider whose provisional license
has expired under the provision of this section, the Division of Administrative
Law or its successor shall conduct the hearing within 90 days of the docketing
of the administrative appeal. One extension, not to exceed 90 days, may be
granted by the Division of Administrative Law or its successor upon good cause
shown.
i. If the final agency decision is to
remove all deficiencies, the provider's license will be reinstated upon the
payment of any licensing or other fees due to the department and the payment of
any outstanding sanctions due to the department
ii. If the final agency decision is to uphold
the deficiencies and affirm the expiration of the provisional license, the
provider shall discharge any and all individuals receiving services. Within 10
days of the final agency decision, the provider must notify the department's
licensing section in writing of the secure and confidential location of where
client records will be stored.
G. Representation at Hearings. An ICF/DD
shall, when allowed by law, have a representative present at all judicial,
educational, or administrative hearings which address the status of an
individual in the care of the ICF/DD.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2180-2180.5.
