105 CMR, § 164.519

Current through Register 1538, January 3, 2025
Section 164.519 - Grounds for Denial, Refusal to Renew, Restriction, Limitation, or Revocation of License or Approval

In addition to 105 CMR 164.019(A) through (J), each of the following, separately, shall constitute full and adequate grounds to deny, revoke, limit, restrict, or refuse renewal of a License or Approval:

(A) Failure to meet the applicable requirements for licensure or approval as specified in the applicable level or levels of service provided pursuant to 105 CMR 164.100 through 164.400: Part Two.
(B) Failure to meet the requirements of applicable federal or state law or regulations.
(C) Violating of any applicable requirement of 105 CMR 164.100 through 164.500.
(D) Failure to give proper care to patients or residents.
(E) Denying entry to agents of the Department or attempt to impede the work of a duly authorized representative of the Department.
(F) Knowingly making an omission of material information or providing false or misleading statements orally or in writing to the Department.
(G) Operating the facility without a required License or Approval or after the expiration of a License or Approval if the applicant or Licensed or Approved Provider has not timely submitted an application for renewal.
(H) There is a reasonable basis for the Department to conclude there is a discrepancy between the facility's representations as to the treatment services to be afforded patients and the treatment services actually rendered or to be rendered.
(I) Conviction of an applicant or Licensed or Approved Provider or a person with ownership or control interest in the program of Medicare or Medicaid fraud or other criminal offense related to operating the program.
(J) Conviction of an applicant or Licensed or Approved Provider or a person with ownership or control interest in the program of a violent crime against a person, which indicates that operation of the program may endanger the public health or safety.

105 CMR, § 164.519

Adopted by Mass Register Issue 1482, eff. 11/11/2022.