HLS 14RS-539 REENGROSSED
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are additions.
Regular Session, 2014
HOUSE BILL NO. 68
BY REPRESENTATIVE TIM BURNS
ADMIN LAW/DIVISION: Provides that certain appeals and hearings formerly conducted
by the bureau of appeals of the Dept. of Health and Hospitals shall be conducted by
the division of administrative law
AN ACT1
To amend and reenact R.S. 28:454.16(A) and R.S. 40:2009.16(A)(1) and (B), relative to2
responsibility for certain administrative hearings and appeals; to provide that certain3
hearings and appeals formerly conducted by the bureau of appeals of the Department4
of Health and Hospitals shall be conducted by the division of administrative law; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 28:454.16(A) is hereby amended and reenacted to read as follows:8
§454.16. Appeal procedure9
A. A person may file an administrative appeal to the bureau of appeals of the10
department with the division of administrative law regarding the following11
determinations:12
(1) A finding by the office that the person does not qualify for system entry.13
(2) Termination of a support or service.14
(3) Discharge from the system.15
(4) Other cases as stated in office policy or as promulgated in regulation.16
* * *17
Section 2. R.S. 40:2009.16(A)(1) and (B) are hereby amended and reenacted to read18
as follows:19
§2009.16. Hearing20
A.(1) An informal reconsideration shall constitute final action by the21
department except in those complaints in which the health standards section of the22 HLS 14RS-539 REENGROSSED
HB NO. 68
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bureau of health services financing determines that the complaint concerns a1
consumer in a facility and involves issues that have resulted or are likely to result in2
serious harm or death to the consumer. In those complaints involving the issues of3
serious harm or death, as determined by the health standards section, the complainant4
or the provider may appeal the informal reconsideration finding to the bureau of5
appeals within the department division of administrative law. All appeals and6
hearings shall conform with the rules established by the department and the division7
of administrative law.8
* * *9
B. The hearing before the bureau of appeals by the division of administrative10
law shall be limited to the evidence presented at the informal reconsideration unless11
the complainant or provider has obtained additional evidence important to the issues12
which he could not have with due diligence obtained before or during the informal13
reconsideration.14
* * *15
Section 3. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Tim Burns HB No. 68
Abstract: Provides for certain administrative law hearings and appeals formerly conducted
by the bureau of appeals of the Dept. of Health and Hospitals to be conducted by the
division of administrative law.
Present law (R.S. 49:991 et seq.) provides that adjudications of the Dept. of Health and
Hospitals (DHH) shall be handled by the division of administrative law pursuant to the
Administrative Procedure Act, except to the extent federal law or federal funding require
otherwise. HLS 14RS-539 REENGROSSED
HB NO. 68
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are additions.
Present law (R.S. 28:454.16(A)), relative to the developmental disabilities services system
in DHH, permits a person to file an administrative appeal to the bureau of appeals of the
department regarding specified determinations.
Proposed law provides instead for filing such an administrative appeal with the division of
administrative law.
Present law (R.S. 40:2009.16(A)(1) and (B)), relative to complaints against a health care
provider (that is an institution or distinct part of an institution, facility, or agency licensed
by DHH or certified for participation in either or both of the Medicaid or Medicare programs
to provide health care services), provides that an informal reconsideration shall constitute
final action by DHH unless the complaint concerns a consumer in a facility and involves
issues likely to result in serious harm or death to the consumer. Provides that in cases of
such complaints, as determined by the health standards section, the complainant or the
provider may appeal the informal reconsideration finding to the DHH bureau of appeals.
Proposed law retains present law except provides for such appeals to be made to the division
of administrative law instead of the DHH bureau of appeals.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 28:454.16(A) and R.S. 40:2009.16(A)(1) and (B))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Adds provisions specifying that appeals and hearings relative to complaints shall
conform to rules of the division of administrative law in addition to rules of
DHH.