Cal. Code Regs. Tit. 22, § 54303 - Denial of Initial Certification
(a) The Director shall deny application for
certification if the applicant has:
(1) Not
been approved as a licensed adult day health care provider.
(2) Failed to meet the requirements of
Section 54301, or any other applicable
requirements of the statutes or regulations relating to the California Medical
Assistance Program.
(3) Previously
violated Department regulations and there is probability of noncompliance by
the applicant.
(4) Failed to
correct violations of regulations pertaining to licensure or Medi-Cal
certification.
(5) Failed to comply
with the approved adult day health care county plan.
(b) Upon the denial of the application, a
written notice of denial shall be sent by the Department by certified mail
informing the applicant of the reasons for denial, and advising the applicant
of the right to petition for a hearing.
(c) An applicant may submit a written
petition for hearing to the Department within 15 days after the Department
mails the notice.
(d) The hearing
shall be initiated by filing and serving a statement of issues in accordance
with Section
11504.
(e) The proceeding shall be conducted in
accordance with Chapter 5, commencing with Section
11500, Division 3, Title 2,
Government Code.
(f) Hearing
concerning denial of Medi-Cal certification as a provider of adult day health
care services shall be consolidated with hearing concerning denial of licensure
whenever possible.
Notes
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