Current through Register Vol. 50, No. 9, September 20, 2024
A.
Notice of an initial license denial, license revocation or denial of license
renewal shall be given to the provider in writing.
B. The provider has a right to an informal
reconsideration of the initial 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 providers request for informal
reconsideration shall be considered timely if received within 15 calendar days
of the notice of the initial license denial, license revocation, or denial of
license renewal. The request for informal reconsideration shall be in writing
and shall be forwarded to the departments 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 provider will
receive written notification.
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 or deficiency
which is the basis for the initial license denial, revocation or denial of
license 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 provider has a right to an
administrative appeal of the initial license denial, license revocation, or
denial of license renewal.
1. The provider
shall request the administrative appeal within 30 days of the receipt of the
results of the informal reconsideration. The provider may forego its rights to
an informal reconsideration, and if so, the provider shall request the
administration appeal within 30 days of the receipt of the notice of the
initial license denial, license revocation, or denial of license renewal. The
request for administrative appeal shall be in writing and shall be submitted to
the Division of Administrative Law (DAL).
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 DAL, the administrative appeal of the
license revocation or denial of license 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.
a. If the secretary of the department, or
his/her designee, determines that the violations of the nursing facility pose
an imminent or immediate threat to the health, welfare or safety of a
participant, the imposition of the license revocation or denial of license
renewal may be immediate and may be enforced during the pendency of the
administrative appeal. If the secretary of the department makes such a
determination, the nursing facility shall be notified in writing.
4. Correction of a violation or a
deficiency which is the basis for the initial license denial, revocation or
denial of license renewal, shall not be a basis for the administrative
appeal.
D. If an existing
licensed provider has been issued a notice of license revocation and the
providers 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 an initial license denial, denial of license renewal,
or license revocation, the DAL shall conduct the hearing in accordance with the
Administrative Procedure Act.
1. If the final
decision is to reverse the initial license denial, the denial of license
renewal, or the license revocation, the providers license will be re-instated
or granted upon the payment of any licensing or other fees due to the
department.
F. There is
no right to an informal reconsideration or an administrative appeal of the
issuance of a provisional initial license to a new provider. An existing
provider who has been issued a provisional license remains licensed and
operational and also has no right to an informal reconsideration or an
administrative appeal of the issuance of the provisional license. The issuance
of a provisional license to an existing provider is not considered to be a
denial of initial licensure, a denial of license renewal, or a license
revocation.
1. A follow-up survey shall be
conducted prior to the expiration of a provisional initial license to a new
provider or the expiration of a provisional license to an existing
provider.
2. A new provider that is
issued a provisional initial license or an existing provider that is issued a
provisional license shall be required to correct all noncompliance or
deficiencies at the time the follow-up survey is conducted.
3. If all noncompliance or deficiencies have
not been corrected at the time of the follow-up survey, or if new deficiencies
that are a threat to the health, safety, or welfare of residents are cited on
the follow-up survey, the provisional initial license or provisional license
shall expire on its face.
4. The
department shall issue written notice to the provider of the results of the
follow-up survey.
5. A provider
with a provisional initial license or an existing provider with a provisional
license who has deficiencies cited at the follow-up survey shall have the right
to an informal reconsideration and the right to an administrative appeal of the
deficiencies cited at 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 for 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 facility's written request for
informal reconsideration shall be considered timely if received within five
calendar days of the notice of the results of the follow-up survey from the
department.
d. The provider shall
request the administrative appeal within 15 calendar days of the notice of the
results of the follow-up survey from the department.
e. The 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 unless the DAL
issues a stay of the expiration. The stay shall only be granted by the DAL in
accordance with the Administrative Procedure Act.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
40:2009.1-2116.
