10.05.01.14

.14 Revocation of License.

A. Revocation of License. The Secretary, for cause shown, shall notify the licensee of the Secretary's decision to revoke the facility's license. The revocation shall be stayed if a hearing is requested.

B. The Secretary may revoke a license if the licensee:

(1) Has been convicted of:

(a) A felony that relates to Medicaid or Medicare, or

(b) A crime involving moral turpitude; or

(2) Does not comply with the requirements of this chapter.

C. The Secretary shall also consider the factors identified in Regulation .15D of this chapter when deciding whether to revoke a license.

D. The Secretary shall notify the licensee in writing of the following:

(1) The effective date of the revocation;

(2) The reason for the revocation;

(3) The regulations with which the licensee has failed to comply that form the basis for the revocation;

(4) That the licensee is entitled to a hearing if requested, and to be represented by counsel;

(5) That the facility shall stop providing services on the effective date of the revocation if the licensee does not request a hearing;

(6) That the revocation shall be stayed if a hearing is requested; and

(7) That the licensee is required to surrender the license to the Department if the revocation is upheld.

E. A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .16 of this chapter.