10.12.01.03

.03 Licensing Procedures.

A. A person desiring to operate a facility shall:

(1) Be in compliance with all applicable federal and State laws and regulations;

(2) File an application as required and provided by the Department; and

(3) Submit a written description of its quality assurance program as required by Regulation .16 of this chapter.

B. In addition to meeting all of the requirements of Regulation .03A and F of this chapter, the applicant or licensee shall submit a nonrefundable fee of $1,500 with an application for:

(1) An initial license; or

(2) A license renewal.

C. Based on information provided to the Department by the applicant and the Department's own investigation, the Secretary shall:

(1) Approve the application unconditionally;

(2) Approve the application conditionally; or

(3) Deny the application if the applicant:

(a) Has been found liable for or has been convicted of:

(i) Fraud or a felony that relates to Medicaid or Medicare; or

(ii) A crime involving moral turpitude; or

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

D. Denial of License for Prior Revocation or Consent to Surrender License.

(1) The Secretary may deny a license to:

(a) A corporate applicant if the corporate entity has an owner, director, or officer:

(i) Whose conduct caused the revocation of a prior license; or

(ii) Who held the same or similar position in another corporate entity which had its license revoked;

(b) An individual applicant:

(i) Whose conduct caused the revocation of a prior license; or

(ii) Who held a position as owner, director, or officer in a corporate entity which had its license revoked; or

(c) An individual or corporate applicant that has consented to surrender a license as a result of a license revocation action.

(2) The Secretary shall also consider the factors identified in Regulation .19B of this chapter when deciding whether to deny a license.

E. A person aggrieved by a decision of the Secretary under this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .20 of this chapter.

F. Renewal of License.

(1) At least 60 days before a license expires, the licensee shall submit to the Secretary:

(a) A renewal application; and

(b) The fee as specified in žB of this regulation.

(2) The Secretary shall renew the license for an additional 3-year period for a licensee that meets the requirements of this chapter.