Grounds for Suspension: Right to Subsequent Adjudicatory Proceeding

(A) The Commissioner may suspend a hospital’s license or a part of its license covering a specific service or specific services or a part or parts thereof, or suspend admissions to the hospital or further functioning of its emergency department or operating room(s), if he or she decides that any violation of state law or 105 CMR 130.000 poses an imminent risk to the safety or proper medical care of the hospital’s patients. The Commissioner shall give the licensee written notice thereof, stating the reason(s) for the suspension. The suspension or other sanction shall take effect immediately upon issuance of the notice. The Department shall commence an adjudicatory hearing within 21 calendar days of the notice of suspension as set forth in 105 CMR 130.131. The subject of such a hearing shall be limited to the facts relating to the suspension. (B) In the event the Commissioner determines that the violation of state law or of 105 CMR 130.000 that posed an imminent risk to the safety or proper medical care of the hospital’s patients is corrected prior to the decision of the hearing officer, the Commissioner may lift the suspension by giving written notice to the hospital.