Plain Text Law

Regulation .04 Intermediate Sanctions.

Regulation .04 Intermediate Sanctions.Copy Citation

A.
After notice and an opportunity for a hearing, the Director may impose any intermediate sanctions listed in §B of this regulation if:
(1)
Deficiencies have a moderate impact and the scope of the deficiencies occurs on an isolated, low, repeated, or widespread basis; or
(2)
Deficiencies have a severe impact and the scope of the deficiencies occurs on an isolated, low, repeated, or widespread basis.
B.
For purposes of §A of this regulation, intermediate sanctions include:
(1)
A directed plan of correction, when the licensee is directed to take a specific action by a certain date;
(2)
A mandatory staffing pattern, when the Administration defines for the licensee the level of individual supervision required at a particular site or program;
(3)
Mandatory training, when the Administration identifies deficient areas in which training is needed;
(4)
Individual relocation, when the Administration reserves the right to relocate an individual to another licensee in order to protect the health or safety of the individual;
(5)
Expansion ban, when the Administration retains the authority to prohibit the licensee from obtaining additional sites, admitting individuals, or providing additional services at the site;
(6)
Imposition of an intensive monitoring protocol by the Administration; or
(7)
Imposition of a temporary site monitor, when the Administration maintains an on-going physical presence for the purpose of providing assistance and evaluating the extent of the licensee's corrective actions.