Current through Register Vol. 48, No. 12, March 22, 2024
a) Prior
to initiating a formal action to sanction a license, the Department will allow
an organization an opportunity to take corrective action to eliminate or
ameliorate a violation of the Act or this Part, except in cases in which the
Department determines that emergency action is necessary to protect the public
interest, safety or welfare.
b) The
Department shall issue written notice to an organization determined to be in
non-compliance. The Department's notice shall specify the particular activities
deemed to violate the Act and/or this Part. The Department's notice shall
require such corrective action as it deems necessary for compliance and shall
establish a time period within which the corrective action is to be
completed.
c) In determining
whether to initiate formal action the Department shall consider whether the
organization made an effort to comply with the Department's notice of
corrective action, whether compliance with the Act and this Part was achieved
within the designated time frame and the potential for harm to a patient as a
result of the failure to comply.
d)
Nothing contained herein shall preclude the Department from initiating formal
action against an organization who has complied with the Department's notice of
corrective action. In such case, the factors enumerated above shall be
considered by the Department in determining whether and to what extent the
following sanctions should be imposed:
1)
Administrative Warning - A written warning issued by the Department which
specifies rule violations and a corrective time period and that also warns that
any additional violation of this Part may result in a more severe
sanction.
2) Probation - Probation
of the license for a specified period of time during which action shall be
taken, as necessary, to achieve compliance with all licensure standards. When
the probationary period has expired, the Department shall terminate the
probationary status. If the Department determines that the organization still
does not meet licensure standards or has continued violations, the Department
may suspend the license or extend the probationary period, if such extension
would likely result in correction.
3) Restricted License - A restriction placed
on a license which limits operation to specified services after a Department
finding that one or more services has not met licensure standards.
4) Financial Penalty - A financial penalty
imposed upon a finding of violation of any one or combination of the provisions
of Section 15-25 of the Act. A financial penalty may not be paid with public
funds. 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 violation, the degree to which the violation
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.
5) Summary Suspension - An immediate
suspension of the license ordered if the Department finds that the public
interest, safety, or welfare imperatively requires emergency action.
A) A petition for summary suspension shall
state the statutory basis for the action petitioned, alleged facts, supported
by evidence or affidavit, sufficient to demonstrate a need for emergency
action, be signed by the Department's chief legal counsel and be presented to
the Secretary either in person or by telephone and in the presence of a court
reporter.
B) An order for summary
suspension shall contain findings of fact sufficient to support imposition of a
summary suspension, recite the statutory basis for the action, appoint a
hearing officer, demand immediate surrender of the license and be signed by the
Secretary.
C) A notice of summary
suspension shall accompany the order and shall set a date for commencement of a
hearing within 14 calendar days after the date on which the order takes effect.
The notice of summary suspension shall also identify the hearing officer who
will conduct the hearing and include a copy of the Department's rule pertaining
to hearings.
D) If the parties
agree to a prehearing conference, such conference shall constitute the
commencement of the hearing. The hearing shall determine whether the summary
suspension shall remain in effect until conclusion of a formal hearing on the
merits.
6) Suspension -
Suspension of the license is a temporary withdrawal, by formal action, of a
license for a period of time specified by the Department during which
corrective action is taken to rectify problem areas that led to the suspension.
When the corrective action has been taken, the Department will determine if
such action meets Department standards and either reinstate or revoke the
license.
7) Revocation - Revocation
of the license is withdrawal by formal action of a license to provide treatment
or intervention services. The termination shall be in effect until such time as
the license is reinstated or an application for a new license has been made and
approved by the Department.
e) The Department may reinstate a license,
after a period of suspension or revocation, providing the organization proves
full compliance with licensure standards.
f) The Department shall deny a license
application for failure to comply with the Act and this Part.