.06 Administrative Enforcement.

A. When a home health agency fails to comply with these regulations, the Department may:

(1) Deny any application for a license;

(2) Suspend or revoke a license; or

(3) Issue a provisional license.

B. Revocation, suspension, denial, or issuance of a provisional license shall occur in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

C. The Department may issue a provisional license for a period of less than 1 year in instances where:

(1) The home health agency is in existence in Maryland at the time of promulgation of these regulations, and, therefore, requires a reasonable time period during which it may come into compliance with these regulations;

(2) The home health agency has failed to demonstrate substantial compliance with the regulations but has indicated, in writing, its willingness to take the necessary corrective action to achieve substantial compliance.

D. The Department shall designate the conditions and the time period under which a provisional license is being issued.

E. A provisional license may not be renewed unless the deficiencies have been substantially corrected or a satisfactory POC implemented. A provisional license may not be issued for more than 2 consecutive years.