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ACT No. 812
Regular Session, 2014
HOUSE BILL NO. 68
BY REPRESENTATIVE TIM BURNS
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
bureau of health services financing determines that the complaint concerns a23
consumer in a facility and involves issues that have resulted or are likely to result in24
serious harm or death to the consumer. In those complaints involving the issues of25 ENROLLEDHB NO. 68
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are additions.
serious harm or death, as determined by the health standards section, the complainant1
or the provider may appeal the informal reconsideration finding to the bureau of2
appeals within the department division of administrative law. All appeals and3
hearings shall conform with the Administrative Procedure Act and rules established4
by the department and the division of administrative law.5
* * *6
B. The hearing before the bureau of appeals by the division of administrative7
law shall be limited to the evidence presented at the informal reconsideration unless8
the complainant or provider has obtained additional evidence important to the issues9
which he could not have with due diligence obtained before or during the informal10
reconsideration.11
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Section 3. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: