Denial, Revocation, and Refusal to Renew Licenses

(A) A license may be denied, revoked, or refused renewal for cause. Cause shall include but not be limited to the following (each of which shall constitute cause in and of itself): (1) Lack of legal capacity to provide the service(s) to be covered by a license as determined pursuant to 105 CMR 141.101 and 141.102; (2) Lack of responsibility and suitability to operate a hospice, as determined pursuant to 105 CMR 141.108. (3) Failure to submit the required license fee. (4) Violation of any state statute pertaining to hospice licensure. (5) Failure to give proper patient care to hospice patients. (6) Violation of any applicable provision of 105 CMR 141.000 and: (a) Failure to submit an acceptable plan of correction pursuant to 105 CMR 141.112 or; (b) Failure to remedy or correct a cited violation by the date specified in the plan of correction as accepted or modified by the Department. (7) Denial of entry to agents of the Department. (8) Refusal to permit inspection or photocopying by the Department of any records or other information as necessary to determine compliance with 105 CMR 141.000. (9) There is a reasonable basis for the Department to conclude that there is a discrepancy between representations by a program as to the services to be afforded clients and the services actually rendered or to be rendered. (10) False or fraudulent statements from the Department. (B) Whenever the Commissioner denies an application for initial licensure or determines that a license should be revoked or refused renewal, the Commissioner shall provide written notice thereof to the applicant or licensee. (C) Within 21 days after receipt of notice that an application for initial licensure has been denied or a determination that a licensee should be revoked or refused renewal, the applicant or licensee may appeal such action by filing a Notice of Claim for an Adjudicatory Proceeding pursuant to 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. (D) The hearing officer shall determine whether the Commissioner has proved by a preponderance of the evidence that the license should be denied, revoked or refused renewal based on relevant facts as they existed at or prior to the time the Commissioner provided written notice of his action. (E) The decision of a hearing officer in any adjudicatory proceeding conducted under 105 CMR 141.131 shall be reviewed by the Commissioner and the Commissioner’s decision upon this review shall constitute final agency action.