15 Miss. Code. R. 16-1-48.9.1

Current through October 31, 2024
Rule 15-16-1-48.9.1 - Denial or Revocation of License: Hearings and Review

The licensing agency, after notice and opportunity for a hearing to the applicant, owner, or licensee, is authorized to deny, suspend, or revoke a license, or deny renewal of 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. Also, the following shall be grounds for denial, suspension, or revocation of license:

1. Fraud on the part of the applicant, licensee, owner, operator, director, or administrator 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. § 43-11-1 et seq, and/or of the rules, regulations, and minimum standards established by the licensing agency.
3. Use of controlled substances not prescribed by a licensed healthcare professional by the licensee, other employees, or personnel of the licensed facility while on the facility premises during hours of operation.
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, owner, operator, director, or administrator of a felony or any crime involving abuse, neglect, or exploitation of a vulnerable person as defined in Miss. Code Ann. § 43-47-1 or any other conviction for a crime of violence as defined in Miss. Code Ann. § 97-3-2.
6. Publicly misrepresenting the licensed facility and/or its services.
7. Conducting, permitting, aiding, or abetting the commission of any unlawful act.
8. Conduct or practices detrimental to the health or safety of residents and employees of said licensed facility. Detrimental practices include but are not limited to:
A. Cruelty to a resident or indifference to the needs which are essential to the general well-being and health.
B. Misappropriation of the money or property of a resident.
C. Identity theft.
D. Failure to provide food adequate for the needs of a resident.
E. Inadequate staff to provide safe care and supervision of a resident.
F. Failure to notify a physician, physician's assistant, or nurse practitioner and resident's responsible party/next of kin in a timely manner, of any changes in resident's condition or status, including those which require transfer or discharge.
G. Admission or continued stay of a resident whose condition demands care beyond the level of care provided by the licensed facility as determined by its classification.
9. A violation of 24-hour supervision requirement and/or the transfer of a resident from the licensed facility to any unlicensed facility may result in the facility's license being made provisional for a period of 90 days. At the end of that 90-day period, if corrective actions have not been taken by the licensed facility, that Provisional License may be revoked.
10. Refusal to permit full inspection, survey, or investigation of the facility, to include any assessments, interviews, or record reviews deemed necessary by the licensing agency.
11. Failure to renew the facility license annually within 30 days post-expiration of the license that expires March 31.

15 Miss. Code. R. 16-1-48.9.1

Miss. Code Ann. § 43-11-13
Amended 11/17/2023