15 Miss. Code. R. 16-1-83.9.1

Current through September 24, 2024
Rule 15-16-1-83.9.1 - Denial or Revocation of License: Hearings and Review

The licensing agency, after notice and opportunity for a hearing to the applicant 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 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 Sections 43-11-1 et seq, of the Mississippi Code of 1972, as amended, and/or of the rules, regulations, and minimum standards established by the licensing agency.
3. Addiction to narcotic drug(s) by the licensee or other employees or personnel of the licensed facility.
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 felony.
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 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. Failure to provide food adequate for the needs of a resident.
d. Inadequate staff to provide safe care and supervision of a resident.
e. Failure to call a physician or nurse practitioner/physician assistant when required by a resident's condition.
f. Failure to notify next of kin when a resident's condition becomes critical.
g. Admission of a resident whose condition demands care beyond the level of care provided by the licensed facility as determined by its classification, including but not limited to the failure to ensure that a care plan was developed within twenty-four (24) hours of admission if not developed prior to admission for a resident admitted to the licensed facility, and that care plans are continually revised as necessary for the resident to attain their highest practicable physical, mental, and psychosocial well-being.
h. For failure to implement the plan of care for a resident admitted to the licensed facility.
9. A violation of 24-hour supervision requirement and/or the transfer of a resident(s) 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.

15 Miss. Code. R. 16-1-83.9.1

Miss. Code Ann. § 43-11-13