Section 144-126-3.E - Emergency Revocation or Suspension of LicenseWhenever the Department determines that the health or physical safety of a person is in immediate jeopardy, action in accordance with 5 M.R.S.A., §9051et seq. would fail to respond to a known risk, the Department, in accordance with 4 MRSA, §1153, may file a complaint with the Administrative Court to temporarily revoke or suspend an ESRD Facility license.
3.E.1. Receivership Pursuant to 22 M.R.S.A., Section7931, the Department may petition the Superior Court to appoint a receiver to operate an End Stage Renal Disease Unit/Facility in the following circumstances: a. When the End Stage Renal Disease Unit/Facility intends to close, but has not arranged at least thirty (30) days prior to closure for the orderly transfer of its patient/clients;b. When an emergency exists in an End Stage Renal Disease Unit/Facility which threatens the health, security or welfare of patient/clients;c. When the End Stage Renal Disease Unit/Facility is in substantial or habitual violation of the standards of health, safety or patient/client care established under State of Federal regulations to the detriment of the welfare of the patient/client.10-144 C.M.R. ch. 126, § 3.E