.14 Action of the Department on Application for Annual Renewal Certificate of Registration.

A. The Department shall approve an application for a renewal certificate of registration when it determines that:

(1) The required documents have been filed;

(2) Any revised agreements meet the applicable requirements of the Act and this chapter;

(3) The provider has not been found to be in financial difficulty;

(4) The necessary facilities for providing continuing care are in existence;

(5) The provider has received all required licenses and certificates from MDH, MHCC, and the Department;

(6) The form and substance of all advertising and other promotional materials filed are not deceptive, misleading, or likely to mislead;

(7) If required under Regulation .13 of this chapter, an actuarial study, prepared or reviewed by a qualified actuary, has been submitted which meets the requirements of Regulation .13E of this chapter;

(8) The disclosure statement submitted complies with Regulation .21 of this chapter;

(9) The operating reserves comply with the requirements of Regulation .20 of this chapter; and

(10) All renewal fees and any late fees have been paid.

B. Upon review of a provider's application for a renewal certificate of registration, the Department may make a finding of possible financial difficulty. The Department may refer the application of a provider found to be in possible financial difficulty to the Financial Review Committee. Applications that are referred to the Committee are subject to Regulations .25 and .26 of this chapter.

C. If the conditions in §A of this regulation and, if applicable, Regulation .26 of this chapter are not met, the Department may issue in writing a denial of an application for a renewal certificate of registration. The Department shall include the reasons for denying an application in the written denial.

D. If the actuary responsible for an actuarial study required by Regulation .13E of this chapter does not opine that the provider is in satisfactory actuarial balance, the provider shall submit to the Department with its renewal application a detailed plan that specifies how and when the provider plans to attain satisfactory actuarial balance.