105 C.M.R. 141.130 – Suspension of a License

(A) The Commissioner may, upon finding that continued operation of a hospice poses an imminent risk to the health or safety of the patients, suspend the license of the hospice without a prior hearing.
(B) Upon suspension, the Commissioner shall give to the program a written notice setting forth the reasons for the suspension. The suspension shall take effect immediately upon issuance of the notice.
(C) Within 14 days after receipt of notice that a license has been suspended, the licensee may appeal such suspension by filing a Notice of Claim for an Adjudicatory Proceeding pursuant to 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. After receipt of a Notice of Claim for Adjudicatory Proceeding, the Commissioner shall schedule an adjudicatory hearing for a date as early as is practicable.
(D) In cases of suspension of a license, the hearing officer shall determine whether the Commissioner has proved by a preponderance of the evidence that there existed, immediately prior to or at the time of the suspension, an imminent risk to the health or safety of the hospice's patients.
(E) The decision of a hearing officer in any adjudicatory proceeding conducted under 105 CMR 141.130 shall be reviewed by the Commissioner and the Commissioner’s decision upon this review shall constitute final agency action.