Current through Register Vol. 48, No. 52, December 27, 2024
a) The Department may revoke a license at any
time if the agency:
1) Fails to comply with
the service requirements identified in Subpart B of this Part;
2) Fails to comply with the general agency
requirements identified in Subpart C of this Part;
3) Fails to correct deficiencies identified
as a result of an on-site survey by the Department, or fails to submit a plan
of correction within 30 days after receipt of the notice of
deficiency;
4) Submits false
information either on Department forms, required certifications, plans of
correction or during an on-site inspection;
5) Refuses to permit or participate in a
scheduled or unscheduled survey; or
6) Willfully violates any rights of
individuals being served as identified in Chapter II of the Code or Section
115.250.
b) The Department shall refuse to license or
relicense an agency or shall deny or revoke a license if the owner and/or
authorized agency representative or licensee has been convicted of a felony, or
a misdemeanor involving moral turpitude, as shown by a certified copy of the
court of conviction.
c) CILA
provider agencies, as a result of an on-site survey, shall be recognized
according to levels of compliance with standards as set forth in this Part, as
specifically defined in interpretive guidelines made available to CILA
agencies. CILA agencies with findings from Level 1 to Level 3 will be
considered to be in good standing with the Department. Findings from Level 3 to
Level 5 will result in a notice of deficiency, a plan of correction and defined
sanctions. Findings resulting in Level 6 will result in a notice of violations
and license revocation based on the sanction standard defined in this Section.
The levels of compliance are:
1) Level 1 -
Full compliance with CILA standards.
2) Level 2 - Acceptable compliance with CILA
standards. No written plan of correction will be required from the
agency.
3) Level 3 - Partial
compliance with CILA standards. An administrative warning is issued. The agency
shall submit a written plan of correction.
4) Level 4 - Minimal compliance with CILA
standards. The agency shall submit a written plan of correction, and the
Department will issue a probationary license. A re-survey shall occur within 90
days.
5) Level 5 - Unsatisfactory
compliance with CILA standards. The agency shall submit a written plan of
correction, and the Department will issue a restricted license. A re-survey
shall occur within 60 days.
6)
Level 6 - Revocation of the agency's license to provide CILA services.
Revocation shall occur as a result of an agency's consistent and repeated
failure to take necessary corrective actions to rectify documented
deficiencies, and/or the agency's failure to protect individuals from
situations that produce an imminent risk.
d) Prior to initiating formal action to
sanction a CILA license, the Department will allow an organization an
opportunity to take corrective action to eliminate or ameliorate a deficiency
of this Part except in cases in which the Department determines that emergency
action is necessary to protect the public or individual interest, safety, or
welfare.
e) Subsequent to an
on-site survey, the Department shall issue a written notice to an
agency/organization. The Department shall specify the particular Sections of
this Part, if any, with which the agency is not compliant. The Department's
notice shall require any corrective actions be taken within a specified time
period as required by this Part.
f)
If the Department does not approve an agency for license renewal or revokes a
license, it shall notify the agency in writing of the opportunity for a hearing
per Section 115.470.
g) Sanctions will be imposed according to the
following definitions:
1) Administrative
notice - A written notice issued by the Department that specifies rule
deficiencies requiring a written plan of correction with time frames for
corrections to be made and a notice that any additional violation of this Part
may result in a higher level sanction. (Level 3)
2) Probation - Compliance with standards is
minimally acceptable and necessitates immediate corrective action. Individuals'
life safety or quality of care are not in jeopardy. The probationary period is
time limited to 90 days. During the probationary period, the agency must make
corrective changes sufficient to bring the agency back into good standing with
the Department. Failure to make corrective changes within that given time frame
may result in a determination to initiate a higher level sanction. The
admission of new individuals shall be prohibited during the probationary
period. (Level 4)
3) Restricted
license - An agency is sanctioned for unsatisfactory compliance. The admission
of new individuals shall be prohibited during the restricted licensure period.
Corrective action sufficient to bring the agency back into good standing with
the Department must be taken within 60 days. During the restricted licensure
period a Division monitor will be assigned to oversee the progress of the
agency in taking corrective action. Depending on the severity of the
deficiencies, individuals may be moved to another CILA site supervised by the
same agency or a site supervised by another agency. If individuals are moved to
a site supervised by another agency, funding for the services will also be
moved. If corrective actions are not taken, the agency will be subject to a
higher level sanction. (Level 5)
4)
Revocation - Revocation of the CILA license is withdrawal by formal actions of
the CILA license. The revocation shall be in effect until such time that the
CILA provider submits a re-application and the agency can demonstrate its
ability to operate in good standing with the Department. The Department has the
right not to reinstate a license. If revocation occurs as a result of imminent
risk, all individuals will be immediately relocated to another agency and all
CILA funding will be transferred. (Level 6)
5) Financial penalty - A financial penalty
may be imposed upon finding of deficiency in any one or combination of the
provisions of this Part. In determining an appropriate financial penalty, the
Department may consider the deterrent effect of the penalty on the organization
and on other providers, the nature of the deficiency, the degree to which the
deficiency resulted in a benefit to the organization and/or harm to the public
and any other relevant factor to be examined in mitigation or aggravation of
the organization's conduct. The financial penalty may be imposed in conjunction
with other sanctions or separately.
6) Targeted license - An agency with multiple
CILA sites may be sanctioned for non-compliance according to the performance of
the respective sites. Failure of one site to comply may result in a
sanction-level determination for the individual site and may not impact on the
license of the parent agency. One exception to the foregoing shall be an
agency's continuous administrative failure to implement corrective changes for
a site in accordance with a finding of deficiencies and stipulated time frames
to come into compliance. The CILA license of the agency may be subject to
sanctions in those cases.
7) Higher
level sanctions may be imposed in situations where there are repeat
deficiencies.
