Plain Text Law

Regulation .64 Revocation of License.

Regulation .64 Revocation of License.Copy Citation

A.
The Secretary, for cause shown, may notify the assisted living program of the Secretary’s decision to revoke the assisted living program’s license. The revocation shall be stayed if a hearing is requested.
B.
The Department shall notify the assisted living program in writing of the following:
(1)
The effective date of the revocation;
(2)
The reason for the revocation;
(3)
The regulations with which the assisted living program has failed to comply that form the basis for the revocation;
(4)
That the assisted living program is entitled to a hearing, if requested, and to be represented by counsel;
(5)
That the assisted living program shall stop providing services on the effective date of the revocation if the assisted living program does not request a hearing;
(6)
That the revocation shall be stayed if a hearing is requested; and
(7)
That the assisted living program is required to surrender its license to the Department if the revocation is upheld.
C.
The assisted living manager or their designee shall:
(1)
Notify the residents and residents’ representatives of the revocation;
(2)
Make every reasonable effort to assist residents and resident representatives in making safe and appropriate discharge plans, including to other licensed assisted living programs; and
(3)
Immediately notify the following entities of the revocation:
(a)
Ombudsman within the Department of Aging or local area agency on aging; and
(b)
Local Department of Human Services or Adult Protective Services.
D.
OHCQ shall notify the following entities of the revocation:
(a)
Ombudsman within the Department of Aging or local area agency on aging; and
(b)
Local Department of Human Services or Adult Protective Services.
E.
The Department may assist in the relocation of residents or require the assisted living program to use the services of and cover the costs of a consultant to arrange safe and appropriate discharges for residents.
F.
A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary’s action by filing a request for a hearing in accordance with Regulation .65 of this chapter.