Administrative Action on the Approval

(A) Summary Suspension. The Commissioner may summarily suspend an Approval if the continued operation of the program or service poses an immediate threat to the health, safety, or well-being of its patients. The Approved Provider may not operate during the period of suspension of its license, after notification of the suspension. (B) Grounds for Denial, Refusal to Renew, Restriction, Limitation, or Revocation of License. Each of the following, separately, shall constitute full and adequate grounds to deny, revoke, limit, restrict, or refuse renewal of an Approval: Failure to satisfy the Department as to any of the application requirements under 105 CMR 164.607; (2) Failure to meet the requirements of applicable federal or state law or regulations; (3) Violation of any applicable requirement of 105 CMR 164.000; (4) Failure to give proper care to patients; (5) Failure to remedy or correct a cited violation; Denial of entry to agents of the Department or attempt to impede the work of a duly authorized representative of the Department; (7) Knowingly making an omission of material information or providing false or misleading statements orally or in writing to the Department; and Operation of the Program without a required Approval or after the expiration of an Approval. (C) Appeals. (1) The Department shall provide written notice to the penal facility stating the grounds for the suspension, revocation, restriction, limitation, or refusal to renew an Approval. Such action shall take effect immediately upon issuance of the notice. The penal facility may, within 14 days of receipt of the written notice, file a written request for an adjudicatory hearing in accordance with M.G.L. c. 30A, and 801 CMR 1.01: Formal Rules. Upon receipt of a timely filed request, the Department shall refer the matter to the DALA for hearing. The Commissioner shall review the recommended decision of DALA pursuant to 801 CMR 1.01: Formal Rules. The decision of the Commissioner shall constitute a final agency decision in an adjudicatory proceeding, and is subject to judicial review pursuant to M.G.L. c. 30A, § 14.