HAR §11-172-21
HAR §11-172-21. Denial of certificate
Cite as Haw. Code R. § 11-172-21
The department may
deny any application for initial certification or re
certification for any of the following reasons:
(1) The applicant or provider is not licensed to do
business in the State of Hawaii;
(2) The applicant or provider does not meet the
service-specific standards detailed in the
application form and instructions;
(3) Previous felonies committed by any of the
applicant’s or provider’s management personnel;
(4) Previous revocation of medicaid or medicare
certification or professional license of the
applicant, provider, or their respective staff;
(5) The applicant or provider lacks sufficient
organizational and fiscal infrastructure;
(6) The applicant or provider has received a written
statement of non-compliance pursuant to section
11-172-16 and has failed to submit a written plan
of correction within the time specified in
section 11-172-17;
(7) The provider is in violation of the terms of the
AMHD contract and has not corrected the violation
within the time specified by AMHD; or
(8) The applicant or provider has been terminated as
an AMHD provider.
[Eff AUG 06 2005] (Auth: HRS §§ 321-1, 334-9; 42 C.F.R. §
431.10) (Imp: HRS § 321-1, 334-9)
§l1-172-22 Appeal of denial. Any applicant or
provider denied certification under this chapter may appeal
to the Adult Mental Health Division in accordance with its
policies and procedures. If not satisfied with the final
Adult Mental Health Division decision, the applicant or
provider may appeal in writing to the director pursuant to
the department’s rules of practice and procedure. If no
request for an appeal is received by the director within
forty-five days of the mailing of the written decision to
the respondent the decision shall become final. [Eff AUG 06
2005] (Auth: HRS §§ 321-196) (Imp: HRS § 321-193)
172-9