Current through Register Vol. 50, No. 9, September 20, 2024
A.
Notice of a license denial, license revocation or denial of license renewal
shall be given to the provider in writing.
B. The PRTF has a right to an informal
reconsideration of the license denial, license revocation, or denial of license
renewal. There is no right to an informal reconsideration of a voluntary
non-renewal or surrender of a license by the provider.
1. The PRTF shall request the informal
reconsideration within 15 calendar days of the receipt of the notice of the
license denial, license revocation, or denial of license renewal. The request
for informal reconsideration shall be in writing and shall be forwarded to the
Health Standards Section.
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 facility shall receive written
notification of the date of the informal reconsideration.
4. The facility shall have the right to
appear in person at the informal reconsideration and may be represented by
counsel.
5. Correction of a
violation or 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 facility shall be notified in writing
of the results of the informal reconsideration.
C. The PRTF has a right to an administrative
appeal of the license denial, license revocation, or denial of license renewal.
There is no right to an administrative appeal of a voluntary non-renewal or
surrender of a license by the provider.
1. The
PRTF shall request the administrative appeal within 30 calendar days of the
receipt of the notice of the results of the informal reconsideration of the
license denial, license revocation, or denial of license renewal.
a. The facility may forego its rights to an
informal reconsideration, and if so, the facility shall request the
administrative appeal within 30 calendar days of the receipt of the notice of
the license denial, license revocation, or denial of license renewal.
2. The request for administrative
appeal shall be in writing and shall be submitted to the DAL or its successor.
The request 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. f a
timely request for an administrative appeal is received by the DAL or its
successor, the administrative appeal of the license revocation or denial of
license renewal shall be suspensive, and the facility shall be allowed to
continue to operate and provide services until such time as the DAL issues a
final administrative decision.
a. 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
resident, the imposition of the license revocation or license non-renewal may
be immediate and may be enforced during the pendency of the administrative
appeal. The facility shall be notified of this determination in
writing.
4. Correction
of a violation or a deficiency which is the basis for the license denial or
revocation shall not be a basis for the administrative appeal.
D. If an existing licensed PRTF
has been issued a notice of license revocation and the facility's license is
due for annual renewal, the department shall deny the license renewal. The
denial of the license renewal does not affect in any manner the license
revocation.
E. If a timely
administrative appeal has been filed by the facility on a license denial,
denial of license renewal, or license revocation, the Division of
Administrative Law shall conduct the hearing pursuant to the Louisiana
Administrative Procedure Act.
1. If the final
DAL decision is to reverse the license denial, the denial of license renewal,
or the license revocation, the facilitys license will be re-instated or granted
upon the payment of any licensing fees or other fees due to the department and
the payment of any outstanding sanctions due to the department.
2. If the final DAL decision is to affirm the
denial of license renewal or the license revocation, the facility shall
discharge any and all residents receiving services according to the provisions
of this Chapter. Within 10 days of the final agency decision, the facility
shall notify the departments licensing section in writing of the secure and
confidential location of where the residents 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 PRTF or a provisional license to an
existing PRTF. The issuance of a provisional license is not considered to be a
denial of license, a denial of license renewal, or a license
revocation.
G. A facility 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 regarding the deficiencies cited at the follow-up survey.
1. The correction of a violation,
noncompliance, or 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 whether the deficiencies were properly
cited at the follow-up survey.
3.
The provider shall request the informal reconsideration in writing, which shall
be received by the Health Standards Section within five calendar days of
receipt of the notice of the results of the follow-up survey from the
department.
4. The provider shall
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
Division of Administrative Law, or its successor.
H. A facility with a provisional initial
license or an existing provider with a provisional license that expires under
the provisions of this Chapter shall cease providing services and discharge the
residents unless the Division of Administrative Law issues a stay of the
expiration.
1. A stay may be granted upon
application by the provider at the time the administrative appeal is filed and
only after a contradictory hearing and upon a showing that there is no
potential harm to the residents being served by the facility.
I. If a timely administrative
appeal has been filed by a facility with a provisional initial license that has
expired or by an existing provider whose provisional license has expired under
the provisions of this Chapter, the Division of Administrative Law shall
conduct the hearing pursuant to the Louisiana Administrative Procedure Act.
1. If the final DAL decision is to remove all
deficiencies, the facility's license will be reinstated upon the payment of any
licensing fees or other fees due to the department, and the payment of any
outstanding sanctions due to the department.
2. If the final DAL decision is to uphold the
deficiencies and affirm the expiration of the provisional license, the facility
shall discharge all residents receiving services. Within 10 calendar days of
the final agency decision, the facility shall provide written notification to
HSS of the secure and confidential location of where the resident's records
will be stored.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2009.
