Section 22-B2011. SUMMARY SUSPENSION AND LICENSURE CONVERSION, HEARINGS

 

2011.1Notwithstanding any other provision of this chapter, the Director, pursuant to § 6(d)(l) of the Act, and under conditions described in that section may do the following:

 

(a)Convert the facility's license to a provisional or restricted; or

 

(b)Summarily suspend the facility's license.

 

2011.2.The Director may summarily suspend the license of any hospital or convert its license to a provisional or restricted license if the Director determines that existing deficiencies constitute an immediate or serious and continuing danger to the health, safety or welfare of its patients.

 

2011.3Upon summarily suspending a license pursuant to §§ 2011.2, the Director shall immediately give the hospital written notice of the action, including a copy of the order of suspension, a statement of the grounds for the action and notification that the hospital may, within seven (7) business days from the day written notice is received, file with the Office of Administrative Hearings a written request for an expedited hearing with respect to the action.

 

2011.4The Office of Administrative Hearings shall convene a hearing within three (3) business days following receipt of the facility's timely request for a hearing to review the reasonableness of the suspension.

 

2011.5If a summary suspension is requested, the request for hearing shall not serve to stay the order suspending the license.

 

2011.6.Except as otherwise noted in this chapter all procedures relating to hearings as set forth in this chapter shall apply to hearings in summary suspensions.

 

2011.7Conversions of licenses to restricted or provisional licenses shall be in accordance with § 7 of the Act.

 

source

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