Iowa Code r. 481-49.5 - Enforcement and penalties
(1)
Denial, suspension, or revocation. The license for an
ambulatory surgical center may be denied, suspended, or revoked for failure to
comply with Iowa Code chapter 135R or this chapter, including any reason for
which an ambulatory surgical center could be denied, suspended, or terminated
from the federal Medicare program for ambulatory surgical centers under 42 CFR
Part 416 as amended to July 1, 2023, and federal interpretive guidelines,
including Appendix L of the State Operations Manual published by CMS, Rev. 215,
as amended to July 21, 2023.
(2)
Effective date and contested case appeals. Unless otherwise
stated, a denial, suspension or revocation of license is effective 30 days
after certified mailing or personal service of the notice upon the licensee.
The licensee may request a contested case hearing by submitting a request, in
writing, to the department within 30 days of the mailing or service. Contested
case appeals and hearings are governed by 481-Chapter 9, 481-Chapter 10, and
481-Chapter 16.
(3)
Enjoining an unlicensed ambulatory surgical center. An
injunction or other process against any person to restrain or prevent the
establishment, operation, or maintenance of an ambulatory surgical center
without a license may be pursued by the department in accordance with Iowa Code
section 135R.7.
(4)
Operation of unlicensed
ambulatory surgical center-serious misdemeanor. A person establishing,
operating, or maintaining an ambulatory surgical center without a license
commits a serious misdemeanor as set forth in Iowa Code section
135R.9.
Notes
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