REFUSAL OR REVOCATION

1. (a) The Department may refuse to issue a license for one or more of the following reasons:

   1. (1) The health care provider is not a responsible person.
   2. (2) The place to be used as an ASF is not adequately constructed, equipped, maintained and operated to safely and efficiently render the services offered.
   3. (3) The ASF does not provide safe and efficient services which are adequate for the care, treatment and comfort of the patients or residents of the facility.
   4. (4) There is not substantial compliance with this subpart.

2. (b) The Department may refuse to renew a license, or may suspend or revoke or limit a license for all or a portion of an ASF, or for a particular service offered by an ASF, or may suspend admissions for any of the following reasons:

   1. (1) Serious violation of or noncompliance with the act or with this subpart except when the ASF is in compliance or substantial compliance as defined in § 551.82 (relating to regular license) or otherwise meets the conditions in § 551.83 (relating to provisional license). A serious violation is one which poses a significant threat to the health of a patient.
   2. (2) Failure to submit a plan of correction when required to do so, or failure, by the holder of a provisional license, to correct a deficiency under a plan of correction, unless the Department approves an extension or modification of the plan of correction.
   3. (3) Incompetence, negligence or misconduct in operating the ASF, or in providing services to patients.
   4. (4) Fraud or deceit in obtaining or attempting to obtain a license.
   5. (5) Lending, borrowing or using the license of another ASF.
   6. (6) Knowingly aiding or abetting the improper granting of a license.
   7. (7) Mistreating or abusing individuals cared for by the ASF.
   8. (8) The existence of a cyclical pattern of deficiencies over a period of 2 or more years. A cyclical pattern means an ASF is alternately in and out of full or substantial compliance, which is corrected only when actively supervised by the Department.
   9. (9) Serious violation of the laws relating to Medical Assistance or Medicare reimbursement.
   10. (10) Providing services exceeding the scope of the classification assigned in the license.

Source

The provisions of this § 551.91 amended October 22, 1999, effective November 22, 1999, 29 Pa.B. 5583. Immediately preceding text appears at serial pages (251643) to (251644).