10- 144 C.M.R. ch. 125, § 2.D - Failure to Comply with Applicable Laws and Rules

The following shall apply for failure to comply with applicable laws and rules:

2.D.1. When an applicant fails to comply with applicable laws and rules, the Department shall refuse to issue or renew the license.

2.D.2. If, at the expiration of a full license, or during the term of a full license, the facility fails to comply with applicable laws and rules and, in the judgement of the commissioner, the best interest of the public will be so served, the Department may issue a conditional license or change a full license to a conditional license.

2.D.3. Any license issued under this chapter may be suspended or revoked for violation of applicable laws and rules which prohibit the committing, permitting, aiding or abetting of any illegal practices in the providers' operations or when the conduct or practices of the provider are detrimental to the welfare, of persons to whom Ambulatory Surgical Facilities are provided. When the Department has reasonable grounds to believe that a license shall be suspended or revoked, it shall file a complaint with the Administration Court in accordance with Title 4, 1153 or commence administrative action pursuant to the Maine Administrative Procedure Act, Title 5, Section 8001et seq., as appropriate to the circumstances.

2.D.4. Receivership Pursuant to 22 M.R.S.A., Section7931 et seq., the Department may petition the Superior Court to appoint a receiver to operate Ambulatory Surgical Facility in the following circumstances:

1. When the Ambulatory Surgical Facility intends to close, but has not arranged at least thirty (30) days prior to closure for the orderly transfer of its patients/clients;

2. When an emergency exists in an Ambulatory Surgical Facility which threatens the health, security or welfare of patient/clients;

3. When the Ambulatory Surgical Facility is in substantial or habitual violation of the standards of health, safety or patient/client care established under State or Federal regulations to the detriment of the welfare of the patient/client.

Notes

10- 144 C.M.R. ch. 125, § 2.D