<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 32.03.03.11" title_num="32" subtitle_num="03" chapter_num="03" heading="Denial or Rescission of Licensee Enrollment.">
  <paragraph num="A.">
    <text>A local office may deny enrollments in the subsidy program, refuse to subsidize additional residents at an enrolled provider, or rescind a licensee's service agreement or provider enrollment if:</text>
    <paragraph num="(1)">
      <text>Conditions in the facility present an imminent danger to the life, safety, health, or welfare of the residents;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A licensee fails to meet the licensure requirements of COMAR 10.07.14;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An ongoing pattern exists of violations of COMAR 10.07.14 involving the licensee or facility;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>There is a violation involving the licensee or facility of COMAR 10.07.14 that presents a threat to the health, safety, or welfare of a resident;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A licensee fails to correct cited violations of this chapter within the time specified in writing by the Department or local office;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A licensee obtains, or attempts to obtain or retain, its assisted living program license by fraudulent means, misrepresentation, or the submission of false information to the Department, a local office, or the Maryland Department of Health;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A licensee surrenders its license;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>A licensee fails to comply with the requirements for renewal of the license;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>A licensee fails to abide by the terms of its service agreement or its resident agreements; or</text>
    </paragraph>
    <paragraph num="(10)">
      <text>A licensee or one of its principals:</text>
      <paragraph num="(a)">
        <text>Has been cited for one or more deficiencies in the past 24 months which presented serious danger to a resident's health or safety; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Has failed to demonstrate substantial, sustained compliance for at least 24 months after any cited deficiency which presented serious danger to a resident's health or safety.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The local office shall notify the licensee in writing at least 15 days in advance of a proposed action to rescind the service agreement or to refuse to subsidize additional residents.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A notice of denial of enrollment, refusal to subsidize additional residents, or rescission of the service agreement shall:</text>
    <paragraph num="(1)">
      <text>State concisely and simply:</text>
      <paragraph num="(a)">
        <text>The facts that are asserted; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The issues that are involved, if the facts cannot be stated in detail when the notice is given;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>State the pertinent statutory and regulatory sections under which the local office is taking its action;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>State the sanction proposed, if any, as a result of the local office's action;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>State that the licensee has an opportunity to request a hearing, including:</text>
      <paragraph num="(a)">
        <text>What, if anything, the licensee has to do to receive a hearing; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>All relevant time requirements;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>State the direct consequences, sanction, potential penalty, if any, or remedy of the licensee's failure to exercise in a timely manner the opportunity for a hearing or to appear for a scheduled hearing; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Be sent to the enrolled provider and the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The local office shall notify the subsidized residents and the subsidized residents' representatives of any rescission of a licensee's enrollment in the subsidy program. The notice shall include the information listed in §C of this regulation, and a list of community resources available to assist the subsidized residents to relocate. A copy of the notice shall be sent to the Department.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The Department shall send notice of a rescission of a licensee's enrollment in the subsidy program to the Maryland Department of Health.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Actions taken against an enrolled provider under this chapter are not in lieu of and do not preclude the Maryland Department of Health from taking any action against a licensee under COMAR 10.07.14.</text>
  </paragraph>
</regulation>