La. Admin. Code tit. 48 § I-5507

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

Section I-5507 - Appeal Procedure

A. If the license is refused, suspended or revoked because a facility is not suitable, is not properly managed, as such, or does not meet minimum requirements for licensure, the procedure is as follows:

1. The secretary, Department of Health and Human Resources, by registered letter, shall advise the facility administrator of the reasons for refusal, suspension, or revocation, and its right of appeal.

2. Within 30 days after receipt of such notice, the facility administrator may request in writing a hearing in order to appeal the decision.

3. The secretary shall set a hearing to be held within 30 days after receipt of such request. The hearing shall be held in the immediate vicinity of the appellant or other location specified by him.

4. The secretary, or his representative, shall conduct the hearing. Within 10 days after the hearing, he shall advise the appellant, by registered letter, of his decision, either confirming or reversing the original decision. If the license is refused, suspended or revoked, the facility shall be given 30 days to meet those standards delineated by the licensing agent.

5. If the facility is unable to meet the standards within this time frame, funding received from the Department of Health and Human Resources shall be discontinued.

B. The licensing standards will be used to license all facilities where DHHR funds are used to care for handicapped persons. Included are those facilities which are specially designed to care for a particular type of handicap, such as mental retardation, mental illness and learning disabilities. Since these types of handicaps may require specialized standards in certain areas, separate appendices containing standards in these areas have been formulated.

C. All facilities must meet the general standards. Additionally, each facility must meet the standards in the appendix that applies to the primary type of handicap in which the facility specializes. Should none of the appendices be perfectly suited to the type of disability cared for by the facility, the facility must, nonetheless, meet the additional standards contained in the appendix which most nearly meets the needs of that type of disability.

La. Admin. Code tit. 48, § I-5507

Promulgated by the Department of Health and Human Resources, Office of the Secretary, Division of Licensing and Certification, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:1971 through 1980.