Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7221 - 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.
B. Complaint surveys shall be unannounced
					 surveys.
C. 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 facility will be notified of any action.
D. The department may issue appropriate
					 sanctions, including but not limited to, civil monetary penalties, directed
					 plans of correction, and license revocations for deficiencies and
					 non-compliance with any complaint survey.
E. LDH surveyors and staff shall be given
					 access to all areas of the facility and all relevant files during any complaint
					 survey. LDH surveyors and staff shall be allowed to interview any facility
					 staff, client, or participant, as necessary or required to conduct the
					 survey.
F. A facility 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 must
					 receive the written request within 10 calendar days of the facilitys receipt of
					 the notice of the violations or deficiencies.
G. A complainant shall have the right to
					 request an informal reconsideration of the findings of the complaint survey or
					 investigation. The written request for an informal reconsideration shall be
					 submitted to the departments Health Standards Section. The department must
					 receive the written request within 30 calendar days of the complainants receipt
					 of the results of the complaint survey or investigation.
H. An informal reconsideration for a
					 complaint survey or investigation shall be conducted by the department as an
					 administrative review. The facility or complainant 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. The facilitys correction of the violation or
					 deficiency shall not be the basis for the reconsideration. The facility and/or
					 the complainant shall be notified in writing of the results of the informal
					 reconsideration.
I. Except as
					 provided pursuant to
					 R.S.
					 40:2009.13 et seq., 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.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						28:31-28:37.