Loss of Deemed Status

(A) The Commissioner may revoke the deemed status of an accredited hospital if: (1) The hospital fails to cooperate in the conduct of a Department validation survey or complaint investigation; (2) The hospital fails to comply with any of the provisions of 105 CMR 130.202(A) and (B); or (3) The Commissioner finds the hospital is out of compliance with one or more Conditions of Participation and a significant deficiency is determined to exist. (B) An accredited hospital which is dissatisfied with the denial or revocation of its deemed status by the Commissioner shall be entitled to an informal administrative review. The hospital must request informal review in writing within 15 days of the date it receives notice of the denial or revocation of its deemed status by the Commissioner. The request shall state the reasons why the hospital considers the denial or revocation incorrect and be accompanied by any supporting evidence and arguments. (C) The Commissioner shall notify the hospital, in writing, of the results of the informal administrative review within 20 days of receipt of request for informal review. Failure of the Commissioner to respond within that time shall be considered confirmation of the denial or revocation. (D) Following denial or revocation under 105 CMR 130.204(A), the Commissioner may, upon application of the hospital, grant deemed status to an accredited hospital if he or she finds the hospital meets the requirements of 105 CMR 130.202.