Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 52 - Pediatric Day Health Care Facilities › Subchapter B - Licensing Procedures › Section I-5223 - Complaint Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department shall conduct complaint surveys in accordance with La.
					 R.S.
					 40:2009.13, et seq.
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 facility 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 facility will be notified of any action.
E. 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.
F. DHH surveyors and staff shall be given
					 access to all areas of the facility and all relevant files during any complaint
					 survey. DHH surveyors and staff shall be allowed to interview any provider
					 staff, child, or participant, as necessary or required to conduct the
					 survey.
G. A PDHC 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 department's Health Standards Section. The department must
					 receive the written request within 10 calendar days of the facility's 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. The written request for an informal reconsideration shall be
					 submitted to the Health Standards Section. The department must receive the
					 written request within 30 calendar days of the complainant's 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 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. Correction of the violation or deficiency shall not be
					 the basis for the reconsideration. The provider and the complainant shall be
					 notified in writing of the results of the informal reconsideration.
J. Except as provided in §5223 K, 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.
K. In
					 those complaints in which the department's Health Standards Section determines
					 that the complaint involves issues that have resulted in, or are likely to
					 result in, serious harm or death to the consumer, the complainant or the
					 provider may appeal the informal reconsideration findings to the Bureau of
					 Appeals.
1. The written request for an
					 administrative appeal shall be submitted to the Bureau of Appeals and must be
					 received within 30 calendar days of the receipt of the results of the informal
					 reconsideration.
2. The hearing
					 before the Bureau of Appeals is limited to the evidence presented at the
					 informal reconsideration, unless the complainant or the facility has obtained
					 additional evidence vital to the issues which could not have been obtained with
					 due diligence before or during the informal reconsideration.
3. The administrative law judge shall only
					 make a determination on the administrative appeal, based on the evidence
					 presented, as to whether or not the complaint investigation or survey was
					 conducted properly or improperly. The administrative law judge shall not have
					 the authority to overturn or delete deficiencies or violations and shall not
					 have the authority to add deficiencies or violations.
4. If the administrative law judge determines
					 that the complaint investigation or survey was not conducted properly, he/she
					 shall designate in writing and with specificity the methods by which a
					 re-investigation shall be conducted.
5. No appeal shall lie from a
					 re-investigation upon a prima facie showing that the re-investigation was
					 conducted in accordance with the designations of the administrative law
					 judge.