1.Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.License required.
An agency that provides a service, if the service provided is funded in whole or in part by the department, to an adult with an intellectual disability, autism spectrum disorder, a related condition or an acquired brain injury, including a service provided under Title 22, section 3089, may not provide that service without a license issued by the department as provided by this section. This section applies to:
2-A.
Licensing fees and terms.
Fees and terms for licenses under this section are as follows.
3.Full license.
Full licenses under this section are governed as follows.
4.Conditional license.
Conditional licenses under this section are
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1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
License required.
An agency that provides a service, if the service provided is funded in whole or in part by the department, to an adult with an intellectual disability, autism spectrum disorder, a related condition or an acquired brain injury, including a service provided under Title 22, section 3089, may not provide that service without a license issued by the department as provided by this section. This section applies to:
2-A.
Licensing fees and terms.
Fees and terms for licenses under this section are as follows.
3.
Full license.
Full licenses under this section are governed as follows.
4.
Conditional license.
Conditional licenses under this section are governed as follows.
5.
Provisional license.
Provisional licenses under this section are governed as follows.
6.
Qualifications for license.
The department shall establish qualifications for a license issued under this section, including qualifications regarding:
7.
License not assignable or transferable.
A license issued under this section is not assignable or transferable. A license is immediately void if ownership or control of the agency changes.
8.
Quality assurance and technical assistance.
The department may perform programmatic review of a licensee, monitor, audit and provide technical assistance to a licensee and otherwise ensure that a licensee is compliant with standards of operation set forth by the department. The department may:
9.
Confidentiality of records.
A department record that contains personally identifiable information or health information and that is created or obtained in connection with the department's licensing or quality assurance powers under this section is confidential, with the exceptions of a notice of deficiency, a plan of corrective action and a final action with respect to a license or a quality assurance activity.
10.
Right of entry; investigation.
The department has the right to enter and inspect the premises of an agency licensed by the department under this section, an agency requesting a license from the department under this section or an agency the department determines is operating without a license required by this section.
11.
Enforcement.
The following provisions govern enforcement of this section.
12.
Appeals.
A person aggrieved by a final action of the department under this section may obtain judicial review in accordance with Title 5, chapter 375. A final action for purposes of this subsection includes:
13.
Rules.
The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
14.
Transitional provisions.