Statement of Deficiencies

So, you have had your survey and/or a complaint investigation and the surveyor has concluded that your facility has some work to be done. Fear not! These statements of deficiencies are meant to be used as a means for improvement. Use the feedback to improve your facility’s practice which will ultimately increase the level of care you are providing for your residents. Check out the following regulation as to what the DHH expects after you receive a statement of deficiency:

  • 6823. Statement of Deficiencies
  1. Any statement of deficiencies issued by the department to the ARCP must be posted in a readily accessible place on the licensed premises.
  2. Any statement of deficiencies issued by the department to an ARCP must be available for disclosure to the public 30 days after the provider receives the statement of deficiencies or after the receipt of an acceptable plan of correction, whichever occurs first.
  3. Unless otherwise provided in statute or in this licensing rule, a provider shall have the right to an administrative reconsideration of any deficiencies cited as a result of a survey or investigation.
  4. Correction of the violation, noncompliance, or deficiency shall not be the basis for the reconsideration.
  5. The administrative reconsideration of the deficiencies shall be requested in writing and received by the department within 10 calendar days of receipt of the statement of deficiencies.
  6. The request for an administrative reconsideration must identify each disputed deficiency or deficiencies and the reason for the dispute and include any documentation that demonstrates that the determination was made in error.
  7. The request for administrative reconsideration of the deficiencies must be made to the department’s Health Standard Section.
  8. Except as provided for complaint surveys pursuant to R.S. 40:2009.13 et seq., and as provided for license denials, license revocations, and denials of license renewals, the decision of the administrative reconsideration team shall be the final administrative decision regarding the deficiencies. There is no administrative appeal right of such deficiencies.
  9. The provider shall be notified in writing of the results of the administrative reconsideration.