La. Admin. Code tit. 48 § I-9285
Current through Register Vol. 50, No. 11, November 20, 2024
Section I-9285 - General ProvisionsA. 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. 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. 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; andc. 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.La. Admin. Code tit. 48, § I-9285
Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 32:2062 (November 2006), amended LR 33:98 (January 2007), amended by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 38:3180 (December 2012), Amended by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 42896 (6/1/2016), Amended by the Department of Health, Bureau of Health Services Financing, amended LR 45664 (5/1/2019).AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2179-2179.1.