Section 22-B2010. DENIAL, SUSPENSION, AND REVOCATION OF A HEALTH CARE FACILITY LICENSE

 

2010.1The Director may refuse to issue or renew or may revoke, or may suspend a license issued pursuant to this chapter for one or more of the reasons listed in § 5(a)(2)(F) of the Act.

 

2010.2Except for a conversion or summary suspension undertaken pursuant to §6(d)(1) of the Act, every applicant for or holder of a license, or applicant for reinstatement after revocation, shall be afforded notice and an opportunity to be heard prior to the action of the Director, if the effect of the Director's action would be one of the following:

 

(a)To deny a license for cause which raised an issue of fact;

 

(b)To suspend a license;

 

(c)To revoke a license;

 

(d)To refuse to restore a license;

 

(e)To issue a limited renewal license; or

 

(f)To refuse to issue a renewal license for any cause other than failure to pay the prescribed fees.

 

2010.3When the Director contemplates taking any action of the type specified in 2010.2 of this chapter, the Director shall give to the applicant, or to another designee chosen by the applicant, a written notice containing the following statements:

 

(a)In the case of a license denial, that the applicant has failed to satisfy the Director as to the applicant's qualifications;

 

(b)The respect in which the applicant has failed to satisfy the Director; and

 

(c)That the denial shall become final unless the applicant files a request for a hearing with the Director within fifteen (15) days of receipt of the notice.

 

(d)That the Director has sufficient evidence (setting forth the nature of the evidence), which if not rebutted or explained, justifies taking the proposed action; and

 

(e)That the Director shall take the proposed action unless within fifteen (15) days of the receipt of the notice the facility files with the Office of Administrative Hearings a written request for a hearing or in the alternative submits documentary evidence for the court's consideration before final action is taken.

 

2010.4If the facility does not respond to the notice within the time specified, the Director may, without a hearing, take the action contemplated in the notice. The applicant or licensee shall be informed in writing of the action taken.

 

2010.5If the applicant or licensee chooses to submit to the Office of Administrative Hearings documentary evidence but does not request a hearing, the Director may submit a written response to the Office of Administrative Hearings within fifteen (15) days of the receipt of the documentary evidence by the Office of Administrative Hearings or otherwise within a time period allotted by the Office of Administrative Hearings.

 

2010.6Grounds for suspension, revocation or refusal to issue or renew a license shall include the following:

 

(a)Failure to meet or maintain the standards required by this chapter;

 

(b)Willful submission of false or misleading information to the Director in connection with an application for licensure or related to licensing procedures;

 

(c)Violation of this chapter, or other laws and regulations of the District of Columbia or the United States relating to the operation of a hospital and which are applicable to hospitals operating in the District of Columbia;

 

(d)Failure to allow inspections pursuant to this chapter;

 

(e)Failure to obey any lawful order of the Director, pursuant to the rules of this chapter;

 

(f)Conviction of a member of the governing body, a Director, Administrator, the Chief Executive Officer, department head, or other key staff member of a felony involving the management or operation of a hospital, or which is directly related to the integrity of the facility or the public health or safety; or

 

(g)Any act which constitutes a threat to the public's health or safety.

 

source

Notice of Final Rulemaking published at 55 DCR 8813 (August 15, 2008).