La. Admin. Code tit. 48 § I-6027

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

Section I-6027 - Notices, Informal Reconsideration and Appeals [Formerly section 6021]

A. Following any inspection or complaint investigation, the department will issue a notice of deficient practice if deficiencies are found and cited. The ambulance service/provider shall receive written notice, via registered mail, return receipt requested.

B. Informal Reconsideration. Upon notice of an initial license denial, suspension, revocation of a license or denial of license renewal, due to non-compliance with any of the provisions of this Chapter or any applicable statute, or of the imposition of a civil fine, or other sanction, the ambulance service/provider may request an informal reconsideration. An informal reconsideration may also be referred to as administration reconsideration.

1. A request for an informal reconsideration shall be submitted in writing to the department within 30 calendar days of receipt of the notification.

2. The reconsideration shall be conducted by a designated official(s) of the department who did not participate in the initial decision to impose the action taken.

3. The ambulance service/provider shall have the right to appear in person at the informal reconsideration and may be represented by counsel.

4. Reconsideration shall be made based on the documents before the official(s). The ambulance service/provider may present documents at the informal reconsideration.

5. Correction of a violation shall not be the basis for reconsideration.

6. There is no right to an informal reconsideration of the department's decision to issue a provisional license or to allow a provisional license to expire, or for a license that has been voluntarily surrendered or non-renewed.

C. An ambulance service/provider with a provisional license that expires due to non-compliance or deficiencies cited at the follow-up inspection may request an informal reconsideration only of the validity of the deficiencies cited at the follow-up survey.

1. The reconsideration is limited to whether the violations or findings of non-compliance were properly cited at the follow-up inspection.

2. The ambulance service/provider has thirty calendar days from receipt of the notice of the results of the follow-up inspection survey to request an informal reconsideration.

3. Correction of a violation or finding of non-compliance after the applicable inspection shall not be the basis for an informal reconsideration.

4. The ambulance service/provider shall receive written notice, via registered mail, return receipt requested, of the results of the reconsideration.

D. Administrative Appeal of a Decision to Deny, Suspend, Revoke or Deny Renewal of a License. Any ambulance service/provider whose license has been revoked, suspended, denied or denied renewal by the department shall have the right to have an administrative appeal, provided that such request for appeal is made in writing to the Division of Administration Law (DAL) within 30 calendar days of receipt of the notice of the department's decision, or within 30 days of receipt of the results of the informal reconsideration pursuant to the provisions of this Chapter.

1. An appeal of a decision to deny, revoke or deny renewal of a license is suspensive. The department's decision will not be implemented until it is affirmed on judicial review, or there is no request for judicial review made within the applicable time limits.

2. An appeal of a suspension of a license is devolutive. The ambulance service/provider must cease providing services upon receipt of notification of the suspension of its license.

3. An ambulance service/provider has the right to a judicial review of an administrative appeal affirming a denial, suspension, revocation or denial of license renewal in accordance with the Administrative Procedures Act.

E. Administrative Appeal of a Civil Fine or Other Sanction. An ambulance service ambulance service/provider has the right to submit an administrative appeal of a notice of a civil fine(s). Such appeal is suspensive and shall be submitted within 30 calendar days of receipt of such notice, or within 30 calendar days of the receipt of the results of the informal reconsideration contesting the civil fine(s). If the administrative appeal decision is adverse to the ambulance service/provider, the ambulance service/provider may request a judicial review of the decision in accordance with the Administrative Procedures Act.

F. An ambulance service/provider with a provisional license that expires due to non-compliance or deficiencies cited at the follow-up inspection may request an administrative appeal only of the validity of the deficiencies cited at the follow-up survey.

1. The appeal is limited to whether the violations or findings of non-compliance were properly cited at the follow-up inspection.

2. The ambulance service/provider has 30 calendar days from the notice of the results of the follow-up inspection to request an administrative appeal.

3. The ambulance service's/provider's appeal is devolutive. The ambulance service/provider must cease providing services unless an administrative tribunal issues a stay of the expiration.

a. To request a stay, an application for a stay must be filed by the ambulance service/provider at the time the administrative appeal is filed.

i. The stay may be granted by the administrative tribunal; only after a contradictory hearing and only upon a showing that there is no potential harm to the patient(s) being served by the ambulance service/provider.

G. If an ambulance service/provider fails to submit a timely request for an administrative appeal, the department's decision becomes final.

H. There is no right to an administrative appeal of the department's decision to issue a provisional license, the department's decision to allow a provisional license to expire, or in connection with a license that has been voluntarily surrendered or non-renewed.

I. Correction of a violation or finding of non-compliance after the applicable inspection shall not be the basis for an administrative appeal.

La. Admin. Code tit. 48, § I-6027

Promulgated by the Department of Health and Hospitals, Office of the Secretary, Bureau of Health Services Financing, LR 35:472 (March 2009), amended Department of Health, Office of Public Health, Bureau of Emergency Medical Services, LR 49888 (5/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254, R.S. 40:1135.1, R.S. 40:1135.2 and R.S. 40:1135.5.