La. Admin. Code tit. 48 § I-8725

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-8725 - Notice and Appeal of License Denial, License Revocation, License Suspension and Denial of License Renewal

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.

La. Admin. Code tit. 48, § I-8725

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 432171 (11/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 40:2120.31-40.