(a) The department may impose a Temporary
Suspension on a provider of laboratory services prior to hearing if the
laboratory has condition level deficiencies or there is immediate jeopardy and
in the director's opinion such action is necessary to protect the public
welfare or the interests of the Medi-Cal program.
(b) If the department is imposing a Temporary
Suspension on a provider of service, the following procedures apply:
(1) The department shall serve the laboratory
with a Notice of Sanction which includes the following information:
(A) The sanction or sanctions to be imposed
against the laboratory, and
(B) The
effective date and duration of sanction.
(2) At the same time as the Notice of
Sanction is served, the department shall serve the laboratory with an
Accusation. Included with the Accusation is a Notice of Defense in the
following form: Unless a written request for a hearing signed by the owner(s)
or director(s) of the laboratory is delivered or mailed to the department
within 15 days after the Notice of Sanction and Accusation were served, no
hearing shall be held regarding the imposition of the sanctions identified in
the Notice of Sanction. A request for a hearing may be made by delivering or
mailing the enclosed form entitled Notice of Defense, or by delivering or
mailing a notice of defense as provided by section
11506 of
the Government Code to: The Department of Health Services at the address noted
on the Notice of Sanction. The laboratory may, but need not, be represented by
counsel at any or all stages of these proceedings.
(3) The laboratory shall have 15 days from
the date of receipt of the Notice of Sanction to request a hearing by
delivering or mailing a Notice of Defense. Hearings shall be conducted in
accordance with chapter 5 (commencing with section 11500) of part 1 of division
3 of title 2 of the Government Code, except that hearings may be conducted by
departmental hearing officers appointed by the director.
(4) The effective date of a Temporary
Suspension of a clinical laboratory or laboratory under the Medi-Cal program
shall not be delayed because the laboratory has appealed the sanction under
(b)(3), above, and the hearing or the hearing decision is
pending.
Notes
Cal. Code
Regs. Tit. 17, §
1067.15
1. New
section filed 8-28-97 as an emergency; operative 8-28-97 (Register 97, No. 35).
A Certificate of Compliance must be transmitted to OAL by 12-26-97 or emergency
language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 8-28-98 order transmitted to
OAL 12-24-97 and filed 2-9-98 (Register 98, No.
7).
Note: Authority cited: Section
1224,
Business and Professions Code; Section
100275,
Health and Safety Code; and Section
14105,
Welfare and Institutions Code. Reference: Stats. 1995, c.510, Section 1;
Section
1265,
Business and Professions Code; Section
14123,
Welfare and Institutions Code;
42 United States Code,
Section 1395w-2 (Section 1846 of the federal
Social Security Act); 42
United States Code, Section
1396a(a)(9) (Section
1902(a)(9)(C) of the federal Social Security Act); and Sections
11503,
11505 and
11506,
Government Code.
1. New section
filed 8-28-97 as an emergency; operative 8-28-97 (Register 97, No. 35). A
Certificate of Compliance must be transmitted to OAL by 12-26-97 or emergency
language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-28-98 order transmitted to OAL 12-24-97
and filed 2-9-98 (Register 98, No. 7).
