10.07.16.21

.21 Revocation of License.

A. 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 felony that relates to Medicaid or Medicare or a crime involving moral turpitude;

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

(3) Fails to comply with the standards for the operation of a limited private inpatient facility or comparable facility as set forth in the Standards for Behavioral Health Care.

C. 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 unless the license has been immediately suspended or the revocation is based upon the loss or denial of accreditation from the Joint Commission; and

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

D. 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 .22 of this chapter.