Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 90 - Psychiatric Residential Treatment Facilities (under 21) › Subchapter B - Licensing › Section I-9027 - 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 PRTF, 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
					 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 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 facility and all
					 relevant files during any complaint survey. LDH surveyors and staff shall be
					 allowed to interview any provider staff, resident, or participant, as necessary
					 or required to conduct the survey.
G. A PRTF 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 facilitys 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 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 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.