Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 127.000 - Licensing Of Mammography Facilities
Enforcement
Section 127.036 - Grounds for Denial, Modification, Limitation, Revocation or Refusal to Renew a License
Universal Citation: 105 CMR 127.000 MA Code of Regs 127.036
Current through Register 1531, September 27, 2024
(A) Specific Grounds. The Department may issue an order denying, revoking, modifying, limiting, or refusing to renew a license sought or issued under 105 CMR 127.000 for any one of the following reasons:
(1) The applicant or licensee failed to
submit the information required for licensure under
105 CMR
127.000.
(2) The applicant failed to meet the
requirements for licensure as specified in M.G.L. c. 111, § 5Q and/or
105 CMR
127.000.
(3) The applicant or licensee is not suitable
and responsible to operate a mammography facility.
(4) The applicant or licensee obtained or
attempted to obtain or maintain a license by fraud, misrepresentation, or by
the submission of incorrect, false or misleading information.
(5) The applicant or licensee failed to pay
licensure and/or registration fees.
(6) The applicant or licensee failed to pay
civil penalties or criminal fines levied in accordance with of M.G.L. c. 111,
§ 5P or 50 and/or
105 CMR
127.000.
(7)
(a) The
applicant or licensee failed to allow duly authorized agents of the Department
to conduct inspections.
(b) The
applicant or licensee attempted to impede the work of duly authorized
representatives of the Department or the enforcement of any provisions of
M.G.L. c. 111, §§ 5N through 5Q or
105 CMR
127.000.
(8) The facility has been denied a
certificate of inspection by the Department.
(9) The applicant or licensee has been
convicted of, pleaded guilty to, or has, in a judicial proceeding, admitted
facts sufficient for a finding that he or she is guilty of, any criminal
violation relating directly or indirectly to his or her fitness to be licensed
under
105 CMR
127.000 including, but not limited to:
(a) Medicare or Medicaid fraud;
(b) a crime relating to the operation of
mammography services;
(c) rape,
assault or other violent crimes against persons; and
(d) a drug related crime.
(10) A mammography facility owned
or operated by the applicant or licensee has been the subject of proceedings
which resulted in the suspension, denial, modification, limitation, or
revocation of the license or refusal of renewal of the license or has been the
subject of proceedings which resulted in the denial, cancellation, or
revocation of the Medicaid/Medicare certification of the facility.
(11) A mammography facility owned or operated
by the applicant or licensee has been the subject of proceedings which were
ultimately resolved by settlement agreement but which were initiated to
suspend, deny, modify, limit, or revoke or refuse renewal of a license or to
deny, cancel, or revoke the Medicaid/Medicare certification of the
facility.
(12)
(a) The applicant or licensee has been
disciplined in another jurisdiction in any way by a licensing authority for
reasons substantially the same as those set forth herein,
(b) The applicant or licensee failed to
report to the Department, within the time period provided by law or regulation,
any legal or disciplinary action or proceeding initiated against the licensee
or any person employed by the facility by another licensing jurisdiction
(United States or foreign), any health care institution, any professional
society or association, any government agency, any law enforcement agency, or
any court for acts or conduct substantially the same as acts or conduct which
would constitute grounds for suspension, denial, modification, limitation,
revocation or refusal to renew a license under
105 CMR
127.000, see
105
CMR 127.035 and 127.036(A), or which would in
any way relate directly or indirectly to his or her fitness to be licensed
under
105 CMR
127.000, to the care of patients at the facility, or
to the continued operation of the facility.
(13) The applicant or licensee operated a
mammography facility after the expiration of the license.
(14) The applicant or licensee failed to
remedy or correct a cited violation by the date specified in the written notice
from the Department under M.G.L. c. 111, § 50 or by the date specified in
the plan of correction accepted or modified by the Department, unless the
applicant or licensee demonstrates to the satisfaction of the Department that
such failure was not due to neglect of duty and occurred despite his or her
good faith attempt to make corrections by the specified time.
(15) The applicant or licensee engaged in or
aided in the falsification of mammography results including, but not limited
to, the reporting of such false results to any patient.
(16) The applicant or licensee operated or
maintained a mammography facility in a manner which endangers public health,
safety, or the environment.
(B) Other Grounds. Nothing herein shall limit the Department's adoption of policies and grounds for discipline through adjudication as well as through rule-making.
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