Sec. 10.21.16.12. Denial, Emergency Suspension of Approval, and Disciplinary Action

A. Denial of Approval.

(1) If the Secretary proposes to deny approval to an applicant under the provisions of this chapter, the Secretary shall give written notice of the proposed denial to the:

(a) Applicant;

(b) Program's CEO and president of the advisory committee or governing body, whichever applies;

(c) Administration;

(d) CSA or lead CSA;

(e) ASO; and

(f) Medical Assistance Program.

(2) In the notice under §A(1) of this regulation, the Secretary shall include:

(a) The date on which the Secretary proposes to deny approval;

(b) The facts that warrant the proposed denial of approval;

(c) Citation of the regulation or regulations upon which the proposed denial is based; and

(d) Notification:

(i) That before the denial of approval, the program may request a hearing under the provisions of Regulation .16 of this chapter; and

(ii) When feasible, of a case resolution conference.

B. Emergency Suspension of Approval.

(1) Under State Government Article, §10-226, Annotated Code of Maryland, upon findings of conditions that pose an imminent risk to the health, safety, or welfare of an individual served by a program, the Secretary may order the immediate suspension of the approval of the program and the cessation of operation.

(2) If the Secretary takes the action under §B(1) of this regulation, the Secretary shall promptly give written notice of the proposed emergency suspension to the:

(a) Program director;

(b) President of the program's advisory committee, board of directors, or governing body, whichever is applicable;

(c) Administration;

(d) CSA or lead CSA;

(e) Department's designated approval unit;

(f) ASO; and

(g) Medical Assistance Program.

(3) In the notice under §B(2) of this regulation, the Secretary shall include:

(a) The proposed effective date of the emergency suspension;

(b) When feasible, the date of a pre-deprivation hearing and a case resolution conference prior to the Department's final action;

(c) The findings under §B(1) of this regulation and the reasons that support the finding;

(d) Notification that:

(i) Following the emergency suspension, the program may request a hearing under the provisions of Regulation .16 of this chapter; and

(ii) The emergency suspension may lead to revocation of the approval if the violation or violations are not corrected within the time period specified by the Department.

(4) If the Secretary suspends approval, the program director shall immediately:

(a) Notify individuals or the guardians of individuals receiving services of the suspension;

(b) Cooperate with the CSA or lead CSA and the Administration in accessing appropriate alternate services for individuals in the program; and

(c) Cease operations of the program.

C. Disciplinary Action.

(1) The Secretary may propose to take any of the following disciplinary actions against a program:

(a) Revocation of approval;

(b) Suspension of approval;

(c) Probation with conditions; or

(d) Banning new admissions.

(2) The Secretary may propose to take one of the actions outlined in §C(1) of this regulation if the program:

(a) Is out of compliance with the requirements of:

(i) This chapter;

(ii) COMAR 10.21.17; or

(iii) The chapter under this subtitle that outlines the requirements for the specific program;

(b) Fails to maintain financial viability; or

(c) Obtains or attempts to obtain approval by fraud, misrepresentation, or the submission of false information to the Secretary.

(3) Except under §B of this regulation, no less than 45 calendar days in advance of the proposed action taken under this regulation, the Secretary shall send written notice of the proposed action to the:

(a) Program director;

(b) President of the program's advisory committee, board of directors, or governing body, whichever is applicable;

(c) Administration; and

(d) CSA or lead CSA.

(4) In the notice under §C(3) of this regulation, the Secretary shall include:

(a) The date on which the Secretary proposes to take action, and when feasible, the date of a case resolution conference;

(b) The facts that warrant the proposed action;

(c) Citation of the regulation or regulations upon which the proposed action is based; and

(d) Notification that, before the action, the program has the right to request a hearing under the provisions of Regulation .16 of this chapter.

(5) If, after notice and opportunity to be heard, the Secretary takes disciplinary action, the program director shall, within 10 working days:

(a) Notify individuals or the guardians of individuals receiving services of the action; and

(b) If the program ceases operations:

(i) Notify the CSA or lead CSA and the Administration of the cessation; and

(ii) Cooperate with the CSA or lead CSA and the Administration in accessing appropriate alternate services for individuals in the program.