15 Miss. Code R. § 16-1-43.5.5

Current through June 25, 2024
Rule 15-16-1-43.5.5 - Denial or Revocation of License: Hearings and Review

The department of Health, after notice and opportunity for a hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under the law and these regulations. A facility that has had its license revoked may not apply for a license for five years after the revocation has occurred.

Also, the following shall be grounds for denial or revocation of license:

1. Fraud on the part of the licensee in applying for a license or renewal of license.
2. Willful or repeated violations by the licensee of any of the provisions of Miss. Code Ann. § 41-77-1 et seq. and/or of the rules, regulations, and minimum standards established by the licensing agency.
3. Use of a controlled substance not prescribed by a licensed health care professional.
4. Use of alcoholic beverages by the licensee or other personnel of the licensed facility to the extent which threatens the well-being or safety of the residents.
5. Conviction of the licensee of a job-related felony and misdemeanor.
6. Publicly misrepresenting the licensed facility and/or its services.
7. Permitting, aiding, or abetting the commission of any unlawful act.
8. Conduct or practices detrimental to the health or safety of patients and employees of said licensed facility. Detrimental practices include but are not limited to:
a. Cruelty to a patient or indifference to the needs which are essential to their general well-being and health.
b. Misappropriation of the money or property of a patient.
c. Inadequate staff to provide safe care of a patient.

Failure to transfer a patient whose condition demands care beyond the level of care provided by the licensed facility as determined by its classification.

15 Miss. Code. R. § 16-1-43.5.5

Miss. Code Ann. § 41-77-11
Adopted 9/17/2020