Revocation and Suspension of an Exemption

Revocation and Suspension of an Exemption. The State Health Officer may suspend, revoke, modify, restrict, or condition an exemption issued under the Pilot Program upon a determination that: 1. The Small Community Hospital no longer qualifies for the statutory exemption; 2. The Small Community Hospital has violated applicable law, rule, regulation, exemption condition, or departmental requirement; 3. Material facts submitted in support of the exemption were inaccurate, incomplete, or misleading; or 4. Continued operation under the exemption would otherwise conflict with applicable law or public health and safety requirements. Before suspending, revoking, modifying, restricting, or conditioning an exemption under this rule, the Department shall provide the Small Community Hospital with written notice of the grounds for the proposed action and a reasonable opportunity to respond, except where the Department determines that the continued exercise of the exemption poses an immediate threat to public health or safety, in which case the Department may act immediately and shall provide notice and an opportunity to respond as soon as practicable thereafter. This rule does not affect the finality of the State Health Officer’s original decision to issue the exemption under Rule 9.6, nor does it create any right to the reconsideration procedure described in Rule 9.7, which applies only to a challenge to the issuance of an exemption and not to its subsequent suspension, revocation, modification, restriction, or conditioning.