La. Admin. Code tit. 48 § I-7727

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

Section I-7727 - Statement of Deficiencies/Noncompliance(s)

A. The following statements of deficiencies or noncompliance(s) issued by the department to the NSA shall be posted in a conspicuous place on the licensed premises:

1. the most recent biennial survey statement of deficiencies or noncompliance(s); and

2. any complaint survey statement of deficiencies or noncompliance(s).

B. Any statement of deficiencies or noncompliance(s) issued by the department to a NSA shall be available for disclosure to the public 30 days after the NSA submits an acceptable plan of correction to the deficiencies or noncompliance or 90 days after the statement of deficiencies or noncompliance is issued to the NSA, whichever occurs first.

C. Unless otherwise provided in statute or in these licensing provisions, a NSA shall have the right to an administrative reconsideration of any deficiencies or noncompliance(s) cited as a result of a survey or complaint investigation.

1. Correction of the deficiencies or noncompliance(s) shall not be the basis for the reconsideration.

2. The administrative reconsideration of the deficiencies or noncompliance(s) shall be requested in writing within 10 calendar days of receipt of the statement of deficiencies or noncompliance(s), unless otherwise provided in these standards.

3. The request for administrative reconsideration of the deficiencies or noncompliance(s) shall be made to the department's HSS and will be considered timely if received by HSS within 10 calendar days of the NSA's receipt of the statement of deficiencies or noncompliance(s).

4. If a timely request for an administrative reconsideration is received, the department shall schedule and conduct the administrative reconsideration.

5. The NSA shall be notified in writing of the results of the administrative reconsideration.

6. Except as provided for complaint surveys pursuant to R.S. 40:2009.13 et seq., or current law, and as provided in these licensing provisions for initial license denials, revocations and denial of license renewals, the decision of the administrative reconsideration team shall be the final administrative decision regarding the deficiencies.

7. The request for an administrative reconsideration of any deficiencies or noncompliance(s) cited as a result of a survey or complaint investigation does not delay submission of the required plan of correction within the prescribed timeframe.

La. Admin. Code tit. 48, § I-7727

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 491738 (10/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254.