Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 62 - Therapeutic Group Homes › Subchapter B - Licensing › Section I-6221 - Complaint Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department shall conduct complaint surveys in accordance with
					 R.S.
					 40:2009.13 et seq., on any TGH, including
					 those with deemed status.
B.
					 Complaint surveys shall be unannounced surveys.
C. An acceptable plan of correction may be
					 required by the department for any complaint survey where deficiencies have
					 been cited. If the department determines other action, such as license
					 revocation is appropriate, a plan of correction may not be required and the TGH
					 will be notified of such action.
D.
					 A follow-up survey may be conducted for any complaint survey where deficiencies
					 have been cited to ensure correction of the deficient practices. If the
					 department determines that other action, such as license revocation, is
					 appropriate, a follow-up survey may not be required. The TGH will be notified
					 of any action.
E. The department
					 may issue appropriate sanctions, including but not limited to, civil fines,
					 directed plans of correction, and license revocations, for deficiencies and
					 non-compliance with any complaint survey.
F. LDH surveyors and staff shall be given
					 access to all areas of the TGH and all relevant files during any complaint
					 survey. LDH surveyors and staff shall be allowed to interview any TGH staff,
					 client, or participant, as necessary or required to conduct the
					 survey.
G. A TGH which has been
					 cited with violations or deficiencies on a complaint survey has the right to
					 request an informal reconsideration of the validity of the violations or
					 deficiencies. The written request for an informal reconsideration shall be
					 submitted to the departments Health Standards Section. The department shall
					 receive the written request within 10 calendar days of the providers receipt of
					 the notice of the violations or deficiencies.
H. A complainant shall have the right to
					 request an informal reconsideration of the findings of the complaint survey or
					 investigation that resulted from his/her complaint. The written request for an
					 informal reconsideration shall be submitted to the departments Health Standards
					 Section. The department shall receive the written request within 30 calendar
					 days of the complainants receipt of the results of the complaint survey or
					 investigation.
I. An informal
					 reconsideration for a complaint survey or investigation shall be conducted by
					 the department as a desk review. The provider or complainant, as applicable
					 shall submit all documentation or information for review for the informal
					 reconsideration and the department shall consider all documentation or
					 information submitted. There is no right to appear in person at the informal
					 reconsideration of a complaint survey or investigation. Correction of the
					 violation or deficiency shall not be the basis for the reconsideration. The
					 provider and the complainant, as applicable, shall be notified in writing of
					 the results of the informal reconsideration.
J. Except for the right to an administrative
					 appeal provided in
					 R.S.
					 40:2009.16(A), the informal
					 reconsideration shall constitute final action by the department regarding the
					 complaint survey or investigation, and there shall be no right to an
					 administrative appeal.
1, 2. Repealed.