§ 63-1-706 — Licenses - Issuance, suspension and revocation.

A. The State Commissioner of Health shall issue licenses for the operation of hospitals found to comply with the provisions of Section 1-701 et seq. of this title and rules and standards of the Commissioner. B. A hospital with an emergency department shall take the following measures: 1. Adopt and enforce policies and procedures to comply with the requirements of the Emergency Medical Treatment and Labor Act, 42 U.S.C., Section 1395dd (2012), even if the facility does not participate in the federal Medicare program; 2. Post signs in the dedicated emergency department specifying the rights of individuals with emergency medical conditions who come to the dedicated emergency department for health care services in compliance with 42 CFR, Section 489.20(q), and indicate on the signs whether the facility does not participate in Medicare, Medicaid or other federally sponsored health insurance such as Tricare; and 3. Post the information required under paragraph 2 of this subsection on the facility's Internet website. C. The Commissioner may suspend or revoke any such license on any of the following grounds: 1. Violation of any of the provisions of Section 1-701 et seq. of this title, or rules or standards promulgated pursuant thereto; 2. Permitting, aiding or abetting the commission of any illegal act in the licensed hospital or institution; or 3. Conduct or practices deemed by the Commissioner to be detrimental to the welfare of the patients of the hospital or institution. D. Upon notice of non-renewal and expiration of the opportunity to respond, a license shall be deemed to be surrendered. However, if a licensee has filed noticed with intent to renew the license within the time frame established by the State Department of Health, the license shall not be deemed to be surrendered by the Department. E. If a license is revoked, a new application for license shall be considered by the Commissioner on receipt of evidence that the conditions upon which revocation was based have been corrected. A new license may then be granted after proper inspection has been made and all provisions of Section 1-701 et seq. of this title and rules and standards of the Commissioner have been satisfied. The application for a new license after revocation or surrender shall result in a new license number from the Department. Issuance of the license shall be based on compliance with all applicable laws and rules for licensure and shall not be based on a correction upon which a revocation was based.

Legislative History

Added by Laws 1963, c. 325, art. 7, § 706, operative July 1, 1963. Amended by Laws 1999, c. 93, § 5, eff. Nov. 1, 1999; Laws 2020, c. 150, § 3, eff. Nov. 1, 2020.