§ 20-10-1004 — Prohibiting new admissions - Hearings and appeals

(a) The Department of Human Services may prohibit new admissions to a long-term care facility not in compliance due to a Class A violation until the department determines the facility is in substantial compliance. (b) If the department determines to prohibit admissions to a facility, the department shall notify the administrator of the facility in writing, by certified mail or other means that gives actual notice, that the facility is prohibited from admitting any new residents due to a Class A violation and that the prohibition shall continue until the department makes a determination that the facility has corrected the deficiency and is in substantial compliance. (c) (1) The facility may request an immediate hearing by written request to the Secretary of the Department of Human Services. (2) The department shall provide a fair and impartial hearing officer within ten (10) days of receipt of the request. (3) Unless in conflict with this subsection, the procedure for hearings and appeals set forth in § 20-10-208 shall be followed.

Legislative History

Amended by Act 2021, No. 1017,§ 8, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5186, eff. 7/1/2019. Acts 1988 (4th Ex. Sess.), No. 17, § 1.