Md. Code Regs. 32.03.03.11

Current through Register Vol. 51, No. 24, December 2, 2024

Section 32.03.03.11 - Denial or Rescission of Licensee Enrollment

A. A local office may deny enrollments in the subsidy program, refuse to subsidize additional residents at an enrolled provider, or rescind a licensee's service agreement or provider enrollment if:

(1) Conditions in the facility present an imminent danger to the life, safety, health, or welfare of the residents;

(2) A licensee fails to meet the licensure requirements of COMAR 10.07.14;

(3) An ongoing pattern exists of violations of COMAR 10.07.14 involving the licensee or facility;

(4) There is a violation involving the licensee or facility of COMAR 10.07.14 that presents a threat to the health, safety, or welfare of a resident;

(5) A licensee fails to correct cited violations of this chapter within the time specified in writing by the Department or local office;

(6) A licensee obtains, or attempts to obtain or retain, its assisted living program license by fraudulent means, misrepresentation, or the submission of false information to the Department, a local office, or the Department of Health and Mental Hygiene;

(7) A licensee surrenders its license;

(8) A licensee fails to comply with the requirements for renewal of the license;

(9) A licensee fails to abide by the terms of its service agreement or its resident agreements; or

(10) A licensee or one of its principals:

(a) Has been cited for one or more deficiencies in the past 24 months which presented serious danger to a resident's health or safety; or

(b) Has failed to demonstrate substantial, sustained compliance for at least 24 months after any cited deficiency which presented serious danger to a resident's health or safety.

B. The local office shall notify the licensee in writing at least 15 days in advance of a proposed action to rescind the service agreement or to refuse to subsidize additional residents.

C. A notice of denial of enrollment, refusal to subsidize additional residents, or rescission of the service agreement shall:

(1) State concisely and simply:

(a) The facts that are asserted, or

(b) The issues that are involved, if the facts cannot be stated in detail when the notice is given;

(2) State the pertinent statutory and regulatory sections under which the local office is taking its action;

(3) State the sanction proposed, if any, as a result of the local office's action;

(4) State that the licensee has an opportunity to request a hearing, including:

(a) What, if anything, the licensee has to do to receive a hearing, and

(b) All relevant time requirements;

(5) State the direct consequences, sanction, potential penalty, if any, or remedy of the licensee's failure to exercise in a timely manner the opportunity for a hearing or to appear for a scheduled hearing; and

(6) Be sent to the enrolled provider and the Department.

D. The local office shall notify the subsidized residents and the subsidized residents' representatives of any rescission of a licensee's enrollment in the subsidy program. The notice shall include the information listed in §C of this regulation, and a list of community resources available to assist the subsidized residents to relocate. A copy of the notice shall be sent to the Department.

E. The Department shall send notice of a rescission of a licensee's enrollment in the subsidy program to the Department of Health and Mental Hygiene.

F. Actions taken against an enrolled provider under this chapter are not in lieu of and do not preclude the Department of Health and Mental Hygiene from taking any action against a licensee under COMAR 10.07.14.

Md. Code Regs. 32.03.03.11

Regulations .11, Group Sheltered Housing for the Elderly, repealed and new Regulations .01_.11, Senior Assisted Living Group Home Subsidy Program, adopted effective August 23, 1999 (26:17 Md. R. 1325)
Regulation .11A amended effective February 13, 2006 (33:3 Md. R. 244)