La. Admin. Code tit. 48 § I-7721

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-7721 - Notice and Appeal of Initial License Denial, License Revocation and Denial of License Renewal

A. Notice of an initial license denial, license revocation, or denial of license renewal shall be given to the provider in writing.

B. The NSA has a right to an administrative reconsideration of the initial license denial, license revocation, or denial of license renewal. There is no right to an administrative reconsideration of a voluntary non-renewal or surrender of a license by the NSA.

1. The NSA shall request the administrative reconsideration within 15 calendar days of the receipt of the notice of the initial license denial, license revocation, or denial of license renewal. The request for administrative reconsideration shall be in writing and received by the department within 15 days from the NSA's receipt of the notice letter from the department.

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 HSS, an administrative reconsideration shall be scheduled and the NSA will receive written notification of the date of the administrative reconsideration.

4. The NSA shall have the right to appear in person at the administrative reconsideration and may be represented by counsel.

5. Correction of a deficiency or noncompliance which is the basis for the initial license denial, revocation or denial of license renewal shall not be a basis for administrative reconsideration.

6. The administrative reconsideration process is not in lieu of the administrative appeals process.

7. The NSA will be notified in writing of the results of the administrative reconsideration.

C. The NSA has a right to an administrative appeal of the initial license denial, license revocation, or denial of license renewal. There is no right to an administrative appeal of a voluntary non-renewal or surrender of a license by the NSA.

1. The NSA shall request the administrative appeal within 30 days of the receipt of the results of the administrative reconsideration.

a. The NSA 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, revocation, or denial of license renewal.

2. The request for administrative appeal shall be in writing and shall be submitted to the DAL, or its successor. The request 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, or its successor, the administrative appeal of the license revocation or denial of license renewal shall be suspensive, and the NSA 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 determines that the violations of the NSA pose an imminent or immediate threat to the health, welfare, or safety of an individual or individuals receiving services, 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 provider will be notified in writing.

4. Correction of a violation or a deficiency or noncompliance which is the basis for the initial license denial, license revocation or denial of license renewal shall not be a basis for an administrative appeal.

D. If an existing licensed NSA has been issued a notice of license revocation, and the NSA's license is due for biennial 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 NSA 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 Administrative Procedure Act.

1. If the final agency decision is to reverse the initial license denial, denial of license renewal or license revocation, the NSA's license will be re-instated or granted upon the payment of any non-refundable 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 NSA shall give written notice to all licensed healthcare facilities for which the NSA is providing staff.

a. Within 10 calendar days of the final agency decision, the NSA shall notify HSS, in writing, of the secure and confidential location where the employee or contracted staff's records will be stored and the name and contact information of the person(s) responsible for the employee or contracted staff's records.

F. There is no right to an administrative reconsideration or an administrative appeal of the issuance of a provisional initial license to a new NSA, or the issuance of a provisional license to an existing NSA. A NSA who has been issued a provisional license is licensed and operational for the term of the provisional license. The issuance of a provisional license is not considered to be a denial of initial licensure, denial of license renewal, or license revocation.

1. A follow-up survey may be conducted prior to the expiration of a provisional initial license issued to a new NSA or the expiration of a provisional license issued to an existing NSA.

2. A new NSA that is issued a provisional initial license or an existing NSA that is issued a provisional license shall be required to correct all deficiencies or noncompliance(s) at the time the follow-up survey is conducted.

3. If all deficiencies or noncompliance(s) have not been corrected at the time of the follow-up survey, or if new deficiencies or noncompliance(s) that are a threat to the health, safety, or welfare of an individual or individuals receiving services are cited on the follow-up survey, the provisional initial license or provisional license shall expire on its face and the NSA shall be required to begin the initial licensing process again by submitting a new initial license application packet and non-refundable fee.

4. The department shall issue written notice to the NSA of the results of the follow-up survey.

G. A NSA with a provisional initial license or an existing NSA with a provisional license that expires due to deficiencies or noncompliance(s) cited at the follow-up survey, shall have the right to an administrative reconsideration and the right to an administrative appeal, solely as to the validity of the deficiencies or noncompliance(s).

1. The correction of a deficiency or noncompliance after the follow-up survey shall not be the basis for the administrative reconsideration or for the administrative appeal.

2. The administrative reconsideration and the administrative appeal are limited to whether the deficiencies or noncompliance(s) were properly cited at the follow-up survey.

3. The NSA shall request the administrative reconsideration in writing, which shall be received by the HSS within five calendar days of receipt of the written notice of the results of the follow-up survey from the department. The request for an administrative reconsideration must identify each disputed deficiencies or noncompliance(s) and the reason for the dispute and include any documentation that demonstrates that the determination was made in error.

4. The NSA shall request the administrative appeal within 15 calendar days of receipt of the written notice of the results of the follow-up survey from the department. The request for administrative appeal shall be in writing and shall be submitted to the DAL, or its successor. The request for an administrative appeal must identify each disputed deficiencies or noncompliance(s) and the reason for the dispute and include any documentation that demonstrates that the determination was made in error.

5. A NSA with a provisional initial license or an existing NSA with a provisional license that expires under the provisions of this Chapter shall cease providing services and provide written notice to all licensed healthcare facilities for which the NSA is providing staff unless the DAL, or its successor, issues a stay of the expiration.

a. The stay may be granted by the DAL, or its successor, upon application by the NSA 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 an individual or individuals receiving services being served by the healthcare provider.

6. If a timely administrative appeal has been filed by a NSA with a provisional initial license that has expired, or by an existing NSA whose provisional license has expired under the provisions of this Chapter, the Division of Administrative Law, or its successor, shall conduct the hearing in accordance with the Administrative Procedure Act.

a. If the final agency decision is to remove all deficiencies or noncompliance(s), the NSA's license will be re-instated upon the payment of any outstanding sanctions and licensing or other fees due to the department.

b. If the final agency decision is to uphold the deficiencies or noncompliance(s) thereby affirming the expiration of the provisional license, the NSA shall give written notice to all licensed healthcare facilities for which the NSA is providing staff.

i. Within 10 calendar days of the final agency decision, the provider shall notify HSS in writing of the secure and confidential location where the employee or contracted staff records will be stored.

La. Admin. Code tit. 48, § I-7721

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 491735 (10/1/2023).

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