Current through Register Vol. 50, No. 9, September 20, 2024
A.
Notice of a license denial, license revocation, license suspension or denial of
license renewal shall be given to the facility in writing.
B. The ABI facility has a right to an
administrative reconsideration of the license denial, license revocation,
license suspension or denial of license renewal.
1. The ABI facility has 15 calendar days from
the receipt of the notice of the license denial, license revocation or denial
of license renewal to request an administrative reconsideration. The request
for administrative reconsideration shall be in writing and shall be forwarded
to the departments Health Standards Section.
2. The request for administrative
reconsideration shall include any documentation that demonstrates that the
determination was made in error.
3.
If a timely request for an administrative reconsideration is received by the
Health Standards Section, an administrative reconsideration shall be scheduled;
the facility shall be notified in writing of the scheduled date.
4. The facility shall have the right to
appear in person at the administrative informal reconsideration; the facility
may be represented by counsel at the administrative reconsideration.
5. Correction of a violation or deficiency
which is the basis for the denial, revocation, suspension or denial of license
renewal shall not be a basis for reconsideration.
6. The administrative reconsideration process
is not in lieu of the administrative appeals process.
7. The facility will be notified in writing
of the results of the administrative reconsideration.
C. The ABI facility has a right to an
administrative appeal of the license denial, license revocation, license
suspension or denial of license renewal.
1.
The ABI facility has 30 days from receipt of the notice of the results of the
administrative reconsideration of the license denial, license revocation,
license suspension or denial of license renewal to request an administrative
appeal.
a. The ABI facility may forego its
rights to an administrative reconsideration, and if so, shall request the
administrative appeal within 30 calendar days of the receipt of the written
notice of the initial license denial, license suspension, revocation or
non-denial of license renewal.
b.
The request for administrative appeal shall be in writing and shall be
submitted to the Division of Administrative Law (DAL) 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 of a license revocation or
denial of license renewal is made, then the license revocation or denial of
license renewal action shall be suspensive during the pendency of the appeal.
The facility shall be allowed to continue to operate and provide services until
such time as the department issues a final administrative decision.
4. A license suspension is immediate and
shall be enforced during the pendency of the administrative appeal.
5. Correction of a violation or deficiency
which is the basis for the denial, revocation or denial of license renewal
shall not be a basis for the administrative appeal.
D. If a timely administrative appeal has been
filed by the facility on an initial license denial, denial of license renewal
or license revocation, the DAL, or its successor, shall conduct the hearing in
accordance with the APA.
1. If the final
agency decision is to reverse the initial license denial, denial of license
renewal or license revocation, the facility's license will be re-instated or
granted upon the payment of any licensing fees, outstanding sanctions or other
fees due to the department.
2. If
the final agency decision is to affirm the denial of license renewal or license
revocation, the facility shall discharge any and all clients receiving services
according to the provisions of this Chapter.
a. Within 10 calendar days of the final
agency decision, the facility shall notify HSS, in writing, of the secure and
confidential location where the client records will be stored and the name and
contact information of the person(s) responsible for the client
records.
E.
There is no right to an informal reconsideration or an administrative appeal of
the issuance or expiration of a provisional license.
F. A facility with a provisional license that
expires due to deficiencies cited at the follow-up survey shall have the right
to an informal reconsideration and the right to an administrative appeal only
as to the validity of such cited deficiencies.
1. The correction of any deficiency after the
follow-up survey shall not be the basis for the informal reconsideration or for
the administrative appeal.
2. The
informal reconsideration and the administrative appeal are limited to the
whether the deficiencies were properly cited at the follow-up survey.
3. The facility shall request the informal
reconsideration within five days of receipt of the notice of the results of the
follow-up survey from the department.
4. The facility shall request the
administrative appeal within 15 days of receipt of the notice of the results of
the follow-up survey from the department.
5. A facility with a provisional license that
expires under the provisions of this Subsection shall cease providing services
unless the DAL issues a stay of the expiration. The stay may be granted by the
DAL upon application by the facility 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 clients being served by the facility.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 36:254 and
40:2120.31-40.
