(a) The department may impose on a clinical laboratory the principal sanctions of denial, revocation or suspension of a registration or license issued under chapter 3 of division 2 of the Business and Professions Code whenever it determines that any of the grounds identified in Business and Professions Code section 1320 exist and it has complied with the requirements of Business and Professions Code sections 1267 and 1322. A clinical laboratory that has had a Statement of Issues or an Accusation filed against it for the denial, revocation or suspension of its license or registration may defend itself, its owner(s) and director(s) by filing a notice of defense in accordance with section 11506 of the Government Code. A clinical laboratory that is dissatisfied with a final decision regarding a denial, revocation or suspension may seek judicial review in accordance with section 11523 of the Government Code.(b) The department may impose on a public health laboratory the principal sanctions of denial, revocation or suspension of the approval to operate a public health laboratory granted under article 5 (commencing with section 101150) of the Health and Safety Code whenever it determines that the requirements identified in 17 CCR section 1078 are not being met and it has complied with chapter 5 (commencing with section 11500) of part 1 of division 3 of title 2 of the Government Code. A public health laboratory that has had a Statement of Issues or an Accusation filed against it for the denial, revocation or suspension of its approval to operate may defend itself by filing a notice of defense in accordance with section 11506 of the Government Code. A public health laboratory that is dissatisfied with a final decision regarding a denial, revocation or suspension may seek judicial review in accordance with section 11523 of the Government Code.(c) The department may impose on a provider of service the principal sanction of suspension from further participation in, including reimbursement from, the Medi-Cal and Medicaid programs whenever it determines that any of the grounds identified in Welfare and Institutions Code section 14123 exist and it has complied with chapter 5 (commencing with section 11500) of part 1 of division 3 of title 2 of the Government Code, except that hearings may be conducted by departmental hearing officers appointed by the director. A provider of service that has had an Accusation filed against it for its suspension from further participation in the Medi-Cal program may defend itself, its owner(s) or director(s) by filing a notice of defense in accordance with section 11506 of the Government Code. A provider of service that is dissatisfied with a final decision regarding suspension from further participation in the Medi-Cal program may seek judicial review in accordance with section 11523 of the Government Code.Cal. Code Regs. Tit. 17, § 1065.5
1. New section filed 8-28-97 as an emergency; operative 8-28-97 (Register 97, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-28-98 order, including amendment of subsection (b), transmitted to OAL 12-24-97 and filed 2-9-98 (Register 98, No. 7). Note: Authority cited: Section 1224, Business and Professions Code; Section 100275, Health and Safety Code; Stats. 1995, c.510, Section 1; and Section 14105, Welfare and Institutions Code. Reference: Stats.1995, c.510, Section 1; Section 101160, Health and Safety Code; Sections 1265, 1267, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288.5, 1289, 1310, 1320, 1323, 1324 and 1326, Business and Professions Code; Sections 11503, 11504, 11506 and 11523, Government Code; 42 USC, Section 1395x(s) [Section 1861(s) of the Social Security Act]; 42 United States Code, Section 1395w-2 [Section 1846 of the federal Social Security Act]; 42 United States Code, Section 1396a(a)(9)(C) [Section 1902(a)(9)(C) of the federal Social Security Act]; 42 United States Code, Section 1396a(a)(30) [Section 1902(a)(30) of the federal Social Security Act]; 42 USC Section 1396a(p) [Section 1902(p) of the Social Security Act]; 42 CFR Section 1002.2; 42 CFR Sections 1001.201 through 1001.1701; Section 14123, Welfare and Institutions Code; and 42 CFR Section 493.1840.
1. New section filed 8-28-97 as an emergency; operative 8-28-97 (Register 97, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-28-98 order, including amendment of subsection (b), transmitted to OAL 12-24-97 and filed 2-9-98 (Register 98, No. 7).