La. Admin. Code tit. 48 § I-6017

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-6017 - Statement of Deficiencies

A. Except as may otherwise be required by the Louisiana Public Records Law (La. R.S. 44:1 et seq.), any statement of deficiencies issued by the department to the ambulance service/provider shall be available for disclosure to the public 30 days after the ambulance service/provider submits an acceptable plan of correction or 90 days after the statement of deficiencies is issued to the ambulance service/provider, whichever occurs first.

1. A statement of deficiencies shall:

a. cite the law or rule of the deficiency,

b. be reviewed and signed by a representative of the ambulance service/provider on the day of the inspection, and

c. be delivered, during the exit interview at the time of the survey or by registered mail, return receipt requested, to the ambulance service/provider representative and administrator/chief of EMS no later than two business days following the surveys.

B. Unless otherwise provided in statute or in these licensing provisions, an ambulance service/provider shall have the right to an informal reconsideration of the deficiencies cited as a result of a survey or investigation.

1. Correction of the violation, noncompliance, or deficiency shall not be the basis for the reconsideration.

2. The informal reconsideration of the deficiencies shall be requested in writing within 10 calendar days of receipt of the statement of deficiencies, unless otherwise provided in these standards.

3. The request for informal reconsiderations of the deficiencies shall be made to the department's Bureau of EMS and will be considered timely if received by the Bureau of EMS within 30 calendar days of the ambulance service's/provider's receipt of the statement of deficiencies.

4. If a timely request for an informal reconsideration is received, the department shall schedule and conduct the informal reconsideration.

NOTE: Informal reconsideration of the results of a complaint investigation are conducted as desk reviews.

5. The ambulance service/provider shall be notified in writing via registered mail, return receipt of the results of the informal reconsideration.

6. Except as provided for complaint surveys pursuant to R.S. 40:2009.13 et seq., and as provided in these licensing provisions for initial license denials, revocations and denial of license renewals in accordance with the provision of §6027, the decision of the informal reconsideration team shall be the final administrative decision regarding the deficiencies.

7. The request for an informal reconsideration of any deficiencies cited as a result of a survey or investigation does not delay submission of the required plan of correction within the prescribed timeframe.

La. Admin. Code tit. 48, § I-6017

Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 35:471 (March 2009), Promulgated by the Department of Health, Office of Public Health, Bureau of Emergency Medical Services, LR 49885 (5/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254, R.S. 40:1135.1 and R.S. 40:1135.2.