Current through Register Vol. 51, No. 19, September 20, 2024
A. A person
desiring to operate a facility shall:
(1) Be
in compliance with all applicable federal and State laws and
regulations;
(2) File an
application as required and provided by the Department; and
(3) Submit a written description of its
quality assurance program as required by Regulation .16 of this
chapter.
B. In addition
to meeting all of the requirements of Regulation .03A and F of this chapter,
the applicant or licensee shall submit a nonrefundable fee of $1,500 with an
application for:
(1) An initial license;
or
(2) A license renewal.
C. Based on information provided
to the Department by the applicant and the Department's own investigation, the
Secretary shall:
(1) Approve the application
unconditionally;
(2) Approve the
application conditionally; or
(3)
Deny the application if the applicant:
(a) Has
been found liable for or has been convicted of:
(i) Fraud or a felony that relates to
Medicaid or Medicare; or
(ii) A
crime involving moral turpitude; or
(b) Does not comply with the requirements of
this chapter.
D. Denial of License for Prior Revocation or
Consent to Surrender License.
(1) The
Secretary may deny a license to:
(a) A
corporate applicant if the corporate entity has an owner, director, or officer:
(i) Whose conduct caused the revocation of a
prior license; or
(ii) Who held the
same or similar position in another corporate entity which had its license
revoked;
(b) An
individual applicant:
(i) Whose conduct caused
the revocation of a prior license; or
(ii) Who held a position as owner, director,
or officer in a corporate entity which had its license revoked; or
(c) An individual or corporate
applicant that has consented to surrender a license as a result of a license
revocation action.
(2)
The Secretary shall also consider the factors identified in Regulation .19B of
this chapter when deciding whether to deny a license.
E. A person aggrieved by a decision of the
Secretary under this regulation may appeal the Secretary's action by filing a
request for a hearing in accordance with Regulation .20 of this
chapter.
F. Renewal of License.
(1) At least 60 days before a license
expires, the licensee shall submit to the Secretary:
(a) A renewal application; and
(b) The fee as specified in §B of this
regulation.
(2) The
Secretary shall renew the license for an additional 3-year period for a
licensee that meets the requirements of this chapter.
