Plain Text Law

Regulation .03 Licensing Procedures.

Regulation .03 Licensing Procedures.Copy Citation

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.