A. A provider who has received a notice of sanction may request an informal hearing.
- 1. The informal hearing is not intended to be a contradictory or adversarial hearing, and the rules of evidence do not apply.
- 2. The request for an informal hearing shall be submitted in writing and as directed in the notice.
B. A request for an informal hearing shall be within 15 calendar days of receipt of a notice of action, unless an extension is granted. Prior to or at the informal hearing the provider may:
- 1. present a rebuttal to the matters raised in the notice of action;
- 2. be afforded the opportunity to talk with the department's personnel involved in the investigation;
- 3. review pertinent documents on which the alleged violations are based; and
- 4. ask questions and seek clarification on the notice of action.
- C. A provider may be represented by counsel or other person at the informal hearing.
D. Following the informal hearing, the department shall inform the provider of the results of the informal hearing.
- 1. Any modification of the notice resulting from the informal hearing shall be in writing and signed by the BHSF director and PIU section chief.
- 2. If a finding is dropped from the notice, no additional time will be granted to the provider to prepare for the informal hearing.
E. At any time prior to the issuance of the informal hearing results, the original notice may be modified.
- 1. If additional reasons or sanctions are added, the provider shall have an additional 10 business days to respond to the new reasons or sanctions.
- 2. The provider may waive the 10-day period.
Authority Note
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 46:437.1-46:440.3.
Historical Note
HISTORICAL NOTE: Promulgated by the Department of Health, Bureau of Health Services Financing, LR 52:698 (May 2026).