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)]
CONFERENCE COMMI TTEE REPORT DIGEST
House Bill No. 68 by Representative Tim Burns
Keyword and oneliner of the instrument as it left the House
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
Report adopts Senate amendments to:
1. Specify, in provisions relative to complaints against a health care provider, that all
appeals and hearings shall conform with the Administrative Procedure Act.
Digest of the bill as proposed by the Conference Committee
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 (APA), except to the extent federal law or federal funding require otherwise.
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. In cases of such complaints, as determined by the
health standards section, authorizes the complainant or the provider to appeal the informal reconsideration finding to the DHH bureau of appeals. Provides that all appeals and hearings
shall conform with department rules.
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. Requires all appeals and hearings to
conform with the APA, department rules, and rules established by the division of administrative
law.
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))