Current through Register Vol. 50, No. 9, September 20, 2024
A.
Within 30 calendar days after receipt of the department's notice of violation
or the notice of the results of an informal dispute resolution, the direct
service worker may request an administrative hearing.
1. The request for an administrative hearing
shall be made in writing to the Division of Administrative Law, or its
successor.
2. The request shall
contain a statement setting forth the specific allegations which the direct
service worker disputes and the reasons for this dispute.
3. Unless a timely and proper request is
received by the Division of Administrative Law or its successor, the findings
of the department shall be considered a final and binding administrative
determination.
a. Notification of the finding
of abuse, neglect, exploitation, extortion, and/or misappropriation will then
be sent to the DSW registry to be recorded.
B. When an administrative hearing is
scheduled, the Division of Administrative Law, or its successor, shall notify
the direct service worker, his/her representative and the agency representative
in writing.
1. - 1.c. Repealed.
C. The administrative hearing
shall be conducted by an administrative law judge from the Division of
Administrative Law, or its successor, as authorized by
R.S.
46:107 and according to the Administrative
Procedure Act.
1. - 9. Repealed.
D. If there is a final and binding
administrative hearing decision to place a finding on the DSW registry against
the direct service worker, the department shall place the direct service
worker's name and the adverse findings on the DSW registry. The finding(s) may
remain on the DSW registry against the DSW for a specified length of time up to
and including permanently dependent on the severity and nature of the offense.
1. The specified timeframe, up to and
including permanent status, to cease employment as a DSW in a licensed health
care facility will be stated in the notice letter of placement of the finding
against the DSW.
E.
Removal of the DSWs name from the DSW registry.
1. For those DSWs who only have a placement
of finding of neglect, HSS will consider removal of the DSWs name from the
registry only upon the DSWs written request to the department for reinstatement
and in accordance with the following:
a. the
employment and personal history of the DSW does not reflect a pattern of
abusive behavior or neglect or instances of misappropriation, exploitation or
extortion of an individual being supported;
b. the neglect involved in the original
finding was a singular occurrence; and
c. a period of no less than one year has
passed since the DSWs name was placed on the registry barring employment in a
licensed health care facility as a DSW.
3. If the DSW successfully petitions the
department to remove the DSWs name from the registry, the DSW will be notified
in writing of such determination and date of removal.
4. If the DSW unsuccessfully petitions the
department to remove the DSWs name from the registry, the DSW will be notified
in writing of the departments decision and their right to an administrative
appeal in accordance with
§9275 A(3)a-c.
5. There shall be only one opportunity for a
DSW to request removal of their name from the DSW registry.
6. There is no opportunity afforded for a DSW
to request removal of a finding of abuse, extortion, misappropriation or
exploitation placed against them on the registry.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
40:2179-2179.1.
